Legal Question in Family Law in California
My Father recently passed(July 1, 2013) at 60 yrs old. He has a term life insurance policy, a personal savings account, a pension & he was scheduled to have a social security meeting to collect social security because he was ill. He was already denied a couple of yrs ago. When I called to tell them he passed they said money could still be available. In any event my stepmother is the beneficiary on pretty much everything. My self & sister are secondary on all. I was his power of attorney for only his finances, he was a little concerned so we did a POA. My understanding is at death my POA has ended? He had no will or trust. His death was unexpected. Everything has been good with my stepmom so far. With that, do myself or my sister have any legal grounds to receive any money. I'm afraid my step sister (who controls my step mom) will come in & take my Father's money & leave us with nothing. My Father instructed my stepmom to make sure his kids were taken care of if something happened, however I know word of mouth has no legal barring in a court of law. Do I have any options if no money is sent our way?? Thank you
1 Answer from Attorneys
A power of attorney is automatically revoked upon the death of the grantor. If there is no will or trust, your father's property passes by intestate succession. The life insurance would go to the beneficiary.