Legal Question in Wills and Trusts in California
My sister and I were named as legal representatives in my mother's will. She did not ask my sister if she would agree and she didn't even know about it. I have been handling all my mother's finances as was her financial POA and have continued gathering monies for the estate since her death last year. My sister has no interest at all and does not want her name as anything having to do with the will. What type of letter does she need to write since she has never done any work for the estate.
1 Answer from Attorneys
The power of attorney ceased to be valid upon your mother's death. If you are in possession of the will, you were supposed to file it with the court within 30 days. Your sister can decline in writing to be appointed as an executrix, and you can ask to be appointed yourself in the petition for probate, while filing the declination.
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