Legal Question in Wills and Trusts in California

probate

My grandmother died this morning, a

cousin allegedlly has power of

attorney illegally. He has already

started spending her money, from

her account. She has six other

grandcholdren, I would like to

contest any documents that he has,

it's all fraudelent. I believe he is

working on her property now. I

NEED HELP FAST. IM IN CLIFORNIA

AND HE IS IN COLUMBUS GEORGIA

2823 PECAN ST. WHO CAN HELP ME


Asked on 2/05/07, 4:00 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: probate

If the person who died was living/a resident of California, the Cousin cannot spend any money after she has died. Notify any banks, etc. that she has died.

Joel

JOEL SELIK

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Answered on 2/05/07, 4:03 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: probate

Powers of attorney are only valid while she was alive, so let her bank(s) and other account holders know she has passed away and that they'll need a court order to release any more funds. If there's a trust that names your cousin as a successor trustee, however, court probate is not required--check to see how title is held on the real estate, and see an attorney about your rights as a beneficiary.

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Answered on 2/05/07, 4:12 pm

Re: probate

Generally, the power of attorney will expire upon your grandmother's death.

A probate should be opened for her with the Court. Where it should be opened will depend upon where she resided.

If she was in California it will be easier for you. If she was also in Georgia then you should probably find a Georgia attorney.

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Answered on 2/05/07, 5:01 pm


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