Legal Question in Wills and Trusts in California

my husband died 41/2 years ago and did not leave a power of attorney. what happens to the checks that he has recieved payable to him?


Asked on 5/02/11, 3:30 pm

1 Answer from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

A power of attorney is not valid once the signer of it dies so that would not have helped you. If it has been 4.5 years since he died, what on Earth are the checks he is still getting in his name? Was there a probate? If so, this asset that is paying still would have been transferred. If there were no probate, perhaps one was not needed, then it is a different situation. Was there a Will? Were there any children? Who is entitled to the money would be the issue. Assuming for the sake of argument that it IS you, then why have you not asked the writer of the check to make it out to you? If they refuse to do so, it may be that a probate was, in fact, needed.

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Answered on 5/02/11, 4:00 pm


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