Q: What type of lawyer do I need for Intestate death laws in California?
My father passed without a will or testament and has a surviving legal spouse, and two alive children. The Ex-Wife of my father had POA before he passed away and transfered all of the funds from his account to her personal accounts. She then notified the bank who closed his accounts only after she had moved all of his money into her account. It is possible they had a co-owned account that she manipulated him into creating because he was not in a healthy state of mind and she knew she could get away with theft. Surely, even if that's the case the surviving spouse and children would receive and equal 3 way split of the funds instead of all of them going to an Ex-Wife who's POA is also now void because my father passed away.
A:
You need to contact a Estate/Probate attorney. A power of attorney terminates upon the death of the grantor. If there were any transfers of money after the grantor's death you need to obtain evidence of this through a subpoena issued to the bank or banks where the accounts were held. For this you need to commence a Estate proceeding. Also, an attorney can put the banks on notice and obtain through the court an order to freeze any assets still held by the bank that may have been transferred out of the deceased's account under the power of attorney after the grantor's death.
My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
