Modesto, CA asked in Estate Planning for California

Q: My uncle recently passed away and my sister & i live in his house and are both hiers to the estate.

Can the power of attorney evict us?

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3 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: No, the Power of Attorney was only valid while your uncle was alive.

The person with control over the property now is the Trustee (if it is in a Trust), or the Executor appointed by the Probate Court.

Carol A Fauerbach
Carol A Fauerbach
Answered
  • Estate Planning Lawyer
  • Folsom, CA

A: The power of attorney agent no longer has authority over your uncle's assets now that he has passed away. If the house or other assets are in a trust, the trustee has control of the property. Otherwise, the probate court will appoint an executor or administrator to administer your uncle's estate.

James Edward Berge and Gerald Barry Dorfman agree with this answer

David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If you are named as his beneficiaries in his will, then as of the instant of his death, you are the owners of all property left to you in his will. A power of attorney typically does NOT survive after the principal's death.

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