Legal Question in Wills and Trusts in California
power of attorney
I'm asking for a close friend (second marriage):
Her father passed away. He has 2 policies, 1 for $10,000 to go to his first set of kids and 1 for $5,000 to go to his second set of kids (second marriage). In '95 he wrote down his wishes, that the $10,000 be used for his burial and the $5,000 to go to the kids from his second marriage. Unfortunately, their father did not sign this letter. Last week before he passed away, kids from second marriage took out a Power of Attorney for their father, he signed as much as he could, a few days later he passed away. Now his first set of kids want to take their half sisters to court to fight the Power of Attorney they hold and to prove that their father did not sign. Can they fight that the signature on the Power of Attorney is not their dad's?Because there is no signature from their father on the letter where he left his last wishes, can this hold up in court as his last wishes? In the meantime his father has not been laid to rest. What can they do?
1 Answer from Attorneys
Re: power of attorney
The beneficiaries under the life insurance policy will be entitled to the life insurance policy proceeds. For it to be otherwise the father would have had to formally change the beneficiary on the policies with the life insurance company. That was not done, so the policy proceeds will go to the beneficiaries without the involvement of any court.
The letter directing disposition was not signed, so it was not effective.
The power of attorney is a non-issue as nothing was ever done under the authority of the power of attorney while the father was alive.
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.
