Legal Question in Wills and Trusts in California

Mother's boyfriend's will , property left to me

My mother's long term boyfriend left myself and husband as POA, and set up his will naming us as the recipients of all properties (home, bank account). We sold their mobile home, and when we received the check, it was payable to ''the estate of stepdad by name''. Our bank said that they required court papers of some sort...


Asked on 4/28/08, 10:27 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Mother's boyfriend's will , property left to me

That's right. A will is not self executing. You must probate his estate. Contact a probate attorney and get busy.

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Answered on 4/29/08, 12:15 am
Scott Linden Scott H. Linden, Esq.

Re: Mother's boyfriend's will , property left to me

you need letters testimentary, letters probate or special letters for this situation...all 3 require opening the probate.

The POA ended when he passed away.

Please feel free to contact me off this public forum, at our office, to discuss the details of your situation privately. I can be reached at the address, phone and email here on lawGuru, or through our firm's informative website located at No-Probate.com.

Scott

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Answered on 4/29/08, 3:52 pm


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