Legal Question in Wills and Trusts in California

My biological father recently passed away without a will. He didn't have much, except a 5-acre piece of land in Grass Valley, CA. Just prior to his passing his youngest child from a later marriage got him to give her complete Power of Attorney, and he transferred the property to her. If she decides to sell the property am I entitled to any portion of the proceeds?


Asked on 8/27/10, 4:53 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No. If he gave a gift of the land to her before he died, any property that you would have inherited has been adeemed by extinction.

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Answered on 9/01/10, 5:27 pm

Mr. Roach is correct as to the current state of title and how it got that way. However, a "deathbed" power of attorney coupled with a quick transfer of property out of the estate just before an elderly person dies smacks of undue influence at best and elder financial abuse at worst. If you have any reason to believe that your father did not give the POA and consent to the transfer with full understanding, intent and complete mental capacity, you should probably have a lawyer look into voiding the transfer and getting the property shared by all of your father's heirs.

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Answered on 9/01/10, 7:12 pm
Gary R. White Burton & White

I agree that these transactions should be looked at by an attorney who would be looking for undue influence or other issues which might invalidate the transfer. However, absent such facts, if the transfer was completed there is nothing to inherit.

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Answered on 9/02/10, 10:15 am


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