Legal Question in Wills and Trusts in California
My Mother died without appointing an executor..
My mother got very ill and passed away within 6 months of being diagnosed with cancer. She was in the process of appointing my aunt as executor of her estate but never completed it and I am not sure how far along she got with the process. Now the title company for her house is trying to disperse funds to me and my sister but they cannot do this without having proper documentation saying that we have power of attorney over her assets. Can we get power of attorney although she has already passed away or is there other documentation that we can provide to the title company in order to make decisions regarding her home and her funds?
6 Answers from Attorneys
Re: My Mother died without appointing an executor..
you will need to retain an attorney to open a probate for the estate (in the county in which your mother died).
Re: My Mother died without appointing an executor..
You cannot get power of attorney from a deceased person.
What is needed is probate of a will or administration of her estate, and the appointment of an executor (if there is a will) or an administrator (if there is no will). The personal representative can then deal with the property and receive any payment due her.
You should consult an attorney immediately for this situation.
Re: My Mother died without appointing an executor..
Assuming it's over $100,000 you probably need to do a full probate. I do a lot of this work and can do it efficiently and without delays. Call me! -John
Re: My Mother died without appointing an executor..
My condolences in view of your loss. You did not provide enough information to answer your questions. Your inquiry indicates ties to California. If you live in California, you need to know that property ownership and real estate closings, conveyances and mortgages are very different in Georgia. Your best alternative is to employ an attorney to look into the matter for you and assist you with settling the estate. As far as a power of attorney, even if your mother signed one before she passed away, it would be ineffective now.
Re: My Mother died without appointing an executor..
Powers of attorney cannot be obtained or used after death. You need to hire a lawyer to probate the estate.
Re: My Mother died without appointing an executor..
Boy, you are confused. You beeter hire a lawyer to assist you.
An executor only serves and the personal representative of a deceased person's estate if there is a will to be probated. If there is no will, any assets in the deceased person's name must be distributed through a probate proceeding (through a court proceeding.) In that case the will is the intestacy law, provided by the State's statutes. If there is a trust, a trustee of the trust has responsibility to take over control over the assets in the name of the trust, and to manage and distribute those assets are is specified in the trust agreement.
Obviously there are assets. Get a lawyer, and get it done.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
