Legal Question in Civil Litigation in California
Hello,
my co-worker's sister recently passed away unexpectedly. He is trying to obtain power of attourney so he can donate her car. His name is on the Death Certificate as next of kin. how does he obtain power of attourney? thank you!
3 Answers from Attorneys
He can't get a power of attorney from her, she is dead.
The dead can't sign a power of attorney. Without a trust, her estate has to be probated to allow title transfers and distribution of assets to her heirs. If she has very little, then it is a 'simple' probate. If he want help with it, have him contact me.
Even if he had a power of attorney before the death, the death would sever the POA. The holder of a POA can only do that which the grantor of the power could do in person. Being "next of kin' on the death certificate is of no legal effect. Mr. Nelson is correct, the estate must be probated. If there is little of value there are simplified procedures for probate.
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