Legal Question in Wills and Trusts in California
Hi everyone, if someone dies on January 1, 2005 and an affidavit of death is filed in August 2005, in those eight months in between is that person considered still living in relation to a trust? I know this is a crazy question but I wanted to know if the power of attorney's power was still good in those eight months. Thank you
3 Answers from Attorneys
No, the power of attorney expires with the decedent.
The date of the person's death is the controlling factor, as a power of attorney is only good while the person is not able to be present or unable to sign the document. Once dead they do not exist as all powers end. Otherwise, someone could delay an affidavit loot the estate and then file and claim they had a power of attorney when they made the decisions even though they knew the person was dead.
In addition, the attorney-in-fact must cooperate with the executor to turn over all assets to the estate and preserve them in the interim.
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