Legal Question in Wills and Trusts in California

I am an only child, and my mother passed away. Now I am trying to close out her baking affairs, and they tell me that my power of attorney is not valid. Is there an affidavit that I can have notorized giving me estate rights?


Asked on 6/02/10, 9:20 am

3 Answers from Attorneys
Frankie Woo Fiducia Legal

If the estate is under $100,000, you could execute a Small Estates Affidavit pursuant to Probate Code Sec. 13100. Have that affidavit notarized, and bring it with you along with death certificate to the bank.

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Answered on 6/02/10, 12:29 pm

As long as total assets are under $100,000 (and no real estate) then you can do small estate affidavits. If real estate or above $100,000 then need to do a probate. Call me if you have questions. -John

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Answered on 6/02/10, 12:32 pm
George Shers Law Offices of Georges H. Shers

Your Power of Attorney is no longer valid because by law all POA expire when the person dies.

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Answered on 6/02/10, 12:38 pm


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