Legal Question in Wills and Trusts in California

If I am the durable power of attorney for my father when he was alive . And named as his death beneifets beneficiary. Do I still hold power of attorney after his death for his estate. He had no will.

Larry


Asked on 10/06/09, 7:36 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

The power of attorney ends when the person granting it dies. Certain assets, such as life insurance policies, upon the person's death automatically go the person(s) named as beneficiary. If there is no Will, the assets in the estate pass according to the California law. If ther is a surviving widow, even if they were separated but not divorced, she would inherit. Otherwise, surviving children inherit equally. If the estate has assets greater than $100,000, it must be probated. You can ask to be appointed administrator, instead of having to pay the statutory costs of having someone else appointed. There are various books, including from Nolo Press that you can read on how to probate a Will. Also, look at the numerous responses on this site as to probate questions.

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Answered on 10/07/09, 2:30 am


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