Legal Question in Wills and Trusts in California
power of attorney
how do I get judge to give me power of attorney? brother killed in auto accident tow company won't release keys house without it. won't if there is a will until I search his home. he is not married.
2 Answers from Attorneys
Re: power of attorney
I am very sorry to hear about your brother and now the problems you are facing from the towing company.
You are going to need to open a Probate without the will and then the Court will issue Letters Testimentary that you can provide to the towing company.
If you would like assistance, our office stands ready to do so. Please feel free to contact me at the email provided by LawGuru or through our firm's site at PasadenaEstatePlanning.com
Re: power of attorney
I'm sorry you're having a difficult time--the answer depends on the size of the estate--if it's worth more than $100,000, a probate court filing is needed to open the probate estate. If less than $100,000, a notarized affidavit under probate code section 13100 can be used to gain access. If probate's required, you will likely need an attorney to navigate that process.
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