Legal Question in Wills and Trusts in California

Mom died in April 2007 need a power of attorney

How do I get a Power of Attorney my house is about to go on forclosure? Indymac knows about my moms death but she died instantly never wrote a will or assigned an executor for her estate. She was a victim of fraud through Indymac being 72 years old. I was taken off the loan when my mom refinanced. They did not explain anything. The broker Mike Osorio charged her alot and never explained that the deed will read Tenants in Common. So what do I do now. Half of the house is mine and the other half is my mom. My sister tried to kill me over the house asking for the equity. The house hasnt been paid since April 2008 since I lost my job. In June 2008 I had a car accident, Aunt 85 yrs old had a stroke the same time of my accident. I live with my 8 year old daughter. We want to stay in the home I invested my sch. loans and retirement funds from work. I work as a Sub. Teacher thru L.A.U.S.D. Please help me I am in deep trouble. My credit is shot and I can't do anything. Don't knw what to do. Indymac says they can't talk to me. House is abt to go on forclosure. I don't want to go thru probate don't trust sister. Plus I would like to modify it. do I need probate, cuz Indymac wants a power of attorney. Please help me, please thk u, thk u....

Asked on 2/18/09, 4:22 am

1 Answer from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: Mom died in April 2007 need a power of attorney

Yes, your mom's part of the house will need to go through probate, as well as her other assets. Part of the probate process involves identifying someone who will be in charge of handling the dead person's assets and debts. It sounds like this should be you.

If IndyMac wants to see a power of attorney regarding your mother's property, they're confused - powers of attorney are no longer valid after someone dies.

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Answered on 2/19/09, 10:45 pm

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