Legal Question in Wills and Trusts in California

Feduciaries

I do simple estate sales in a senior community. I use a very simple contract that the heir of the estate signs that basically says that I have their permission to sell certain items for a percentage of the sale. Recently I was contacted by someone who said they were acting as feduciary on behalf of an elderly person who hired me 3 months ago to handle what she left behind when she moved into a assisted living facility. This feduciary wants a copy of my contract with this elderly person and told me any and all matters are to go through them, not to the person I contracted with. What are my responsibilities and what problems should I look out for. Am I doing something legal or illegal if I do or don't do what this feduciary person says. As I have seen no legal document from this person, I have no idea if what I'm being told is truthful and I want to make sure I'm not getting into the middle of something. Please help as work is to begin on this sale before the end of July. Thank you,--name removed--G.


Asked on 7/01/05, 12:23 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Feduciaries

You will need copies of their documents granting them the supposed authority.

Also, there can be additional issues that can arise, some can be dependant on the mental state (or claimed state) of some of the people you contract with and others can be based on prior contractual agreements the people may have entered into (such as in the case you describe).

If you would like some assistance, please feel free to contact our office directly at 626-578-0708. I am ar extension 4, or through our firm's site at www.No-Probate.com

Scott

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Answered on 7/05/05, 10:42 am


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