Legal Question in Wills and Trusts in California
In the state of California a woman with 5 children dies. One of the siblings has taken control of the estate (no will) however, she is not disbursing the funds and property to the rest of the family. she had had power of attorney prior to the death and we are unsure if there was a provision for power of appointment. Is she committing a crime by spending all of the estate and selling off the 5 houses that were supposed to go to each surviving child?
2 Answers from Attorneys
More information is needed to answer this question. You should consult an attorney to review the all the estate planning documents (will, trust,etal). Power of attorney is no longer effective once the principal dies; the relevant terms are: executor or successor trustee.
Unless a Probate is filed, property in your mother's name cannot be sold. However, if property was held in joint tenancy, then the joint tenant owns the property after your mother's death and the property is not part of the estate. If the property is part of the estate and there is no will, then the children may each have a share of the estate (but not a specific house). You should consult with an attorney immediately to protect your rights and preserve the estate.
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