Legal Question in Wills and Trusts in California

Re: Mother passed w/ no will

All three attorneys who answered you are correct. But you can force the creditors hands a little by telling them what they ask for [power of attorney] is physically impossible and legal irrelevant so why are they complaining about possible violation of privacy laws when there is no one to sue them for such invasion [offer a waiver by you and your sister as they only ones who can inherit under California law]. Ask them if they want to get paid now or in several months wlith no penalties or interest charges imposed because you offer to pay all sums yuor mothr legally owes them; a reasonable tender [offering] of the debt sum is legally sufficient, the creditor does not actually have to take the money [if that were not true, landlords could just refuse to take the rent from a tenant and then give them a three day notice for failure to pay rent. If they will not co-operate, document what you offered and they said by sending them a certified letter.

Re: Mother passed w/ no will

You have to file for letters of administration to get you or your sister appointed the personal representative of the estate. And, do it soon since delay will cause unnecessary expense to the estate. I recommend you hire a lawyer to assist. The fees are statutorily determined based upon the size of the estate and, as Abe Lincoln once famously said, anyone who represents himself has a fool for a lawyer.

Re: Mother passed w/ no will

You probably need to get "Letters of Administration." This is the Court document, issued by the Probate Court, that allows you to stand in your mother's shoes to take care of all of her business. This is one of the early stages in a probate. Assuming your mom's house is worth more than $100,000 a full probate is likely necessary. I file probates thoughout California. Please contact me if I can help you! -John

Re: Mother passed w/ no will

Actually, a power of attorney will not assist you at the moment because such documents are no longer effectual after the death of the creator. Since your Mother had a mortgage, I assume she owned real property and most likely had assets worth over 100,000 dollars. If this is the case, then you need to initiate probate proceedings in the county in which she died. Contact an attorney who handles probate matters and they will be able to assist you.