Legal Question in Wills and Trusts in California

Power of Attorny

In 2001 my father passed away. He left PoA & DPoA to myself, youngest daughter. My parents split in '82 and had a legal seperation. But not legally divorced. On the death cert it said divorced. I needed a copy of my fathers death cert and called back east to his brothers. One had a copy and faxed over. Only it is an ammended copy from 2006 where my mother had it changed to legally separated. She now widow and has been collecting his pention for 2yrs now. Is that legal? If she was beneficiary of the pention & I Power of Attld she still be intitled?


Asked on 3/02/09, 3:36 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Re: Power of Attorny

Having power of attorney (which become null and void when the principal dies) has no bearing on who is the beneficiary to the principal's estate or pension.

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Answered on 3/02/09, 11:53 am


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