Legal Question in Wills and Trusts in California
Power of Attorney
My father died 5 years ago. 3 years ago, I started probate and reached the point of appraising estate. My younger brother than produced a will which stated that he would be exector. Estate consistes of 1 home, and younger brother principal benificary. Since than he has not continued probate and home is near property tax default. If agreed to, can my older brother get Power of Attorney from younger brother to finish probate and can younger brother relinquish his claim, or percentage of, to the home, given to him in the will, to my older brother?
2 Answers from Attorneys
Re: Power of Attorney
A "power of attorney" wouldn't be the exact way of doing it but we could get to the conclusion you want with a stipulated agreement filed with the probate court. Would have the old executor resign and the new one take over. Could incorporate disclaimers, waivers and whatever else is needed to do the deal how you all agree. I would be happy to help. I charge $175 per hour.
Re: Power of Attorney
A power of attorney wouldn't work, but you could reach an agreement and file that with the court--the court can appoint the executor you all agree on, and that person can finish the probate and distribute the property according to the agreement.
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