Legal Question in Wills and Trusts in California

She can't get a power of attorney now that he is dead. He would have to be alive to execute a power of attorney, giving her power of attorney. The life insurance policy goes to the designated beneficiary. His assets and debts are going to have to go through probate.

Power of attorney is only used for people who are alive. If your brother in law's estate (not including accounts that titled in Joint Tenancy with right of survivorship or which have valid beneficiary designations, which the insurance policy and the 401K should have- that is the first thing to check) is worth more than $100,000 or includes real property, your niece will have to file a petition for Letters of Administration with the probate court (in county where he lived) to be appointed personal representative of his estate. Then she can open an estate account, pay debts, etc. She is welcome to call me if she would like to discuss.

depending upon the manner in which assets are held and the designation of beneficiary on insurance and retirement accounts, probate may be necessary. your niece should retain a qualified attorney to assist her with this process.