Legal Question in Wills and Trusts in California
A friend and former neighbor passed away recently. I have her Power of Attorney for health and a general one for legal/financial matters. I believe that her will is in her bank's safety deposit box, but the bank has denied me access. The bank says I need the Death Certificate, which I have now, and a form stating that I am Executor of the Estate. How do I become the Executor of the Estate and what happens if someone else is chosen as the Executor in the will?
Asked on 4/13/10, 6:06 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
You would file a petition with probate court for an order appointing you Executor, with which you could persuade the bank to let you in.
Answered on 4/18/10, 6:26 pm
Ken Koenen, LLM
Law Office of Ken Koenen
The Power of Attorney is only valid when the person is alive. You need to file a petition to probate and be named administrator of the estate.
Answered on 4/19/10, 4:44 pm
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