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
3 Answers from Attorneys
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
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.
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.