Legal Question in Wills and Trusts in California

Are you sure that your friend died without a Will? Did he have any relatives? Did he keep any safe deposit boxes or anywhere else where he could have kept a Will? Did he have an attorney? Do you have a copy of his death certificate? Did he leave you a tavern, a pub? Is that what you mean by a "bar?" You could open a intestate probate in the county where the bar is located, and seek to be appointed as his personal representative in order to gain authority to determine his assets and distribute them. Can you prove that he gave you the bar? A medical power of attorney has no effect after the creator's death, so that gives you no authority now. A bank account is usually a non-probate asset, and so usually passes outside of probate to the person listed on the POD (pay on death) beneficiary designation on file with the bank. A POD designation is usually created when the account was opened. If you have further questions, you can call my office to set up a consultation. Its $200. My phone number is (928) 526-3268.

Ordinarily, to receive the property of another upon death requires a will designating you as the heir. In the absence of a will, property can pass to relatives through statutory intestate succession, apparently not applicable here. If the bank accounts do not have a designation for you for a POD and there is no writing that can be qualified as a will, then the property may pass to the State. I am also curious as to whatever writing was used to make you the heir to his "bar"? I think to get a full answer requires meeting with an attorney who can reciew all of the documents and facts. It is possible that the writing concerning the "bar" may be adequate and then again it may not.

Its worth investigating and attempting to claim that money before the State of California gets it. Contact me directly.