Q: My father is dying in hospice, he is not coherent. He left no POA or Will, is there anything we can do?

A: In California, if your father is dying in hospice without a Power of Attorney (POA) or Will, the situation becomes complex. Without these legal documents, decisions regarding his affairs may be challenging. However, given the circumstances and the testimony of neighbors and friends about his wishes, you may explore the option of seeking legal guardianship or conservatorship to make decisions on his behalf. Additionally, the absence of a Will could mean the estate will be distributed according to California's intestate succession laws, which generally prioritize surviving spouses and children. If his friends and neighbors are willing to provide statements or testify about his intentions, it could be valuable in influencing decisions related to his estate.

A: In California, if your father passes away without a will (intestate), his estate will be distributed according to state intestacy laws. Unfortunately, verbal wishes or intentions expressed by your father to neighbors and friends generally won't override these laws. Since there is no will or Power of Attorney (POA), the court will follow a standard process to divide the estate.

As his children, you and your sister would typically be considered equal heirs under intestate succession. This means that, despite his expressed wishes, your sister may still be entitled to a portion of the estate unless legally disqualified. The fact that you lived with your father or that he expressed a different intention to friends does not change this legal standard.

In situations like these, it might be beneficial to seek legal guidance. An attorney can help navigate the probate process and explore if there are any legal grounds to contest the standard distribution of assets, such as undue influence or lack of capacity. However, these can be complex and challenging cases.

It's important to approach this situation with an understanding of both the legal framework and the potential for family dynamics to become strained. Compassionate and clear communication with all parties involved can be crucial during this difficult time.