Legal Question in Wills and Trusts in California
If I am the durable power if attorney for my father and named as his death benfits beneficiary. And he has no will. Do I still hold power of attorney over his estate.
Asked on 10/06/09, 7:18 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
The power of attorney expires upon the grantor's death. His insurance policy is not part of his estate, and the beneficiary receives the proceeds directly from the insurance carrier. If you have no siblings, and your father had no spouse, then you could administer the estate -- either under the small estate provision of the Probate Code, or by applying for and receiving letters of administration from the probate court.
Answered on 10/06/09, 7:33 pm
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