Legal Question in Wills and Trusts in California

Re: power of attorney for the deceased?

You hit the nail on the head; you can't get a power of attorney from someone who is deceased. Depending on the size of the estate, you need to open a probate estate, which will give you the authority to deal with these issues. Working with an attorney, you can handle the administration or you can hire a private professional adminstrator. Look for a probate attorney in or near the county of your father's death. If we can be of assistance, please give us a call.

Re: power of attorney for the deceased?

As has been stated, you can not get a power of attorney for a person after they have passed away. You will need to initiate probate proceedings to take care of the things you mentioned. It can be done by hiring a probate attorney in California.

I am very sorry for your loss. If my office can be of service to you, please feel free to contact us.

Re: power of attorney for the deceased?

You need not go to CA to take care of this. If the estate is valued under 100k, then it can be done without any court order. If the estate is valued over 100k, a petition for probate can be filed to obtain letters testamentary for you. All of it can be done by mail or email. I will be happy to help, if you need counsel.

Mina N. Sirkin, Certified Specialist Attorney

in Estate Planning, Probate and Trust Law