Legal Question in Civil Litigation in California

No. It died with him. You have to probate his estate or administer his trust, and seek court authority to act for him through his estate in any litigation.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

The power of attorney is no longer effective on death, except as to burial. You will have to consider some sort of court action.

I'm sorry for your loss. As Mr. Nelson and Mr. Selik have explained, your husband's power of attorney ended when he died. If there is an executor of his estate, then the executor is the one who will decide whether and how to pursue claims in his name. If you are the executor, then you have that authority -- but now it comes from your position as the executor rather than from the power of attorney.

Whether there is an executor or not, you should consult with a probate attorney about your rights. If you're the executor, you have fiduciary duties to the other beneficiaries of his estate (if any), and those duties may limit what you can or should do in court.

You may also want to re-post your question under "Probate, Trusts, Wills, and Estates", so it will reach more lawyers with the relevant expertise.

Good luck.

Losing a spouse is awful and you have my condolences.

Unfortunately, a Power of Attorney is only valid during the life of the person who signed. Thus, it is NOT effective to be able to pursue a lawsuit. Additionally, depending on the type of case, it is possible that the case may expire as well.

If it was a contract or an issue of elder abuse, medical malpractice/wrongful death, it is possible to continue to pursue.

You need to contact an attorney directly to discuss the case and your options.

Let me know if you would like to talk about it via phone or email.

Sincerely,

Caleb

email: [email protected]

Tel: 805-494-6557