Legal Question in Wills and Trusts in California
power of attorney
does the power of attorney (medical and or fiancial) terminate when the grantor becomes deceased or does it continue after death into the probate period? i do not have a copy of decedents trust or will. thanks!
Asked on 2/05/03, 11:29 pm
1 Answer from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
Re: power of attorney
Powers of attorney (durable or non-durable) terminate at the principal's death. For authority to deal with assets, pay debts, and distribute to beneficiaries, there must be a trust appointing a successor trustee, a will nominating an executor, or a probate court order appointing an administrator. (The executor would also have to be approved by the probate court, but the nominated person does have priority over all others).
Answered on 2/06/03, 11:26 am
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