Legal Question in Wills and Trusts in California

Power of attorney

My ex daughter-in-law has, I guess, obtained a power of attorney for my son's affairs. She is refusing to allow State Farm to pay a claim for the clean up after his suicide. My daughter signed for the services. What can we do? Can we also get a poa?

Asked on 2/17/09, 9:51 pm

1 Answer from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: Power of attorney

A power of attorney is no longer valid after death. If you want to control your son's property and the handling of his affairs after his death, you will need to file a probate and ask to be named as the personal representative for his estate. As parents, you would have a higher priority than an ex-wife, so everything else being equal you are more likely to be appointed than she is.

Also, any document he may have signed during his marriage may be invalid because of the intervening divorce.

You should find a local attorney who handles probates.

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Answered on 2/19/09, 10:49 pm

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