Legal Question in Wills and Trusts in California

We need help Power Of Attorney/ Executive of estate

My husbands fater passed away in mid august 2008, he had no will no preparation for this, to settle any debts we must gets his money from his bank, they said that we need a power of attorney (which I've read is only valid if the person is alive) or we need my husband to be named executor of his fathers estate, I do not know how to go about this, and p.s.- my father-in-law lived and died in CA, my husband lives in Oregon. How would he go about getting to be executive of estate?


Asked on 1/09/09, 10:20 pm

2 Answers from Attorneys

Re: We need help Power Of Attorney/ Executive of estate

It really depends on if the total assets are more or less than $100,000. If less than $100,000 then you can use small estate affidavits to get the money. If more than $100,000 then you need a full probate. For either of these an attorney will make life much easier for you. I perform probates throughout California. I have clients throughout the country and even some around the world! Please contact me to discuss your case. I am a certified specialist in probate and estate planning law as determined by the State Bar of California Board of Legal Specialization. Good luck. -John

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Answered on 1/09/09, 10:26 pm
Chris Arvin Chris Arvin

Re: We need help Power Of Attorney/ Executive of estate

I handle these matters daily.

Depending upon the value of the Estate (if under $100,000 generally there is a summary procedure - quicker/easier) ... you need a probate. Is "intestate" .. no Will ... Sounds like no surviving spouse .. not sure if your husband has siblings.

I can prepare the documents for your husband, and he can sign remotely if he is not here (can sign in Oregon) ... have similar Estate right now.

If you are he calls me or emails me I can go over facts and confirm the best procedure .. need a little more detail. I can tell you time entailed, and give you cost estimate. All I practice is Estate Planning/Probate - my rates are very reasonable, practiced for 20+ years in this field, graduate of NYU Law School w/ LL.M in Taxation.

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Answered on 1/10/09, 12:03 am


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