Legal Question in Wills and Trusts in California
durable power of attorney
Thelma lives in Brea, Ca, she will be signing POA to daughter in Cypress, Ca and also daughter in Santa Maria, CA. Thelma will be moving to Santa Maria after POA is signed. Her real estate property is in Brea. She will be completing change of address with post office to Santa Maria. What county should POA be recorded in or should we have a separate POA for each daughter in each different county?
3 Answers from Attorneys
Re: durable power of attorney
You do not need to record the POA, however if you think for some reason it should be recorded (to give notice) I would file it in the county where the property is located at.
Re: durable power of attorney
There is no legal requirement to record the power of attorney. I assume that the real estate is not going to be transfered to her children while she is alive. That is a very bad tax move.
Middle class families can well do their own estate planning with appropriate guidance and understanding. I have written a book on this for the lay middle class public. You can find information on one of my websites, www.yourlivinglegacy.info, and the book can be purchased there. It is in simple, plain English, and explains all that the Middle Class family needs to know about these issues.
Re: durable power of attorney
Not quite sure what you are getting at here... are these general durable powers of attorney? You usually do not record these unless there is something very abnormal going on (not anything you have described). If you are asking which county you should have the POA signed and notarized... it should not matter which county as long as it is California (even if not California you will usually be ok).