Q: Managing dying uncle's estate in California without a will or trust.

A: If your uncle is unwilling or unable to sign a will, power of attorney, or medical directive, your options are limited. If he is unwilling to do so, you have no choice other than to abide by those wishes. If he is unable to, you can apply for guardianship/conservatorship over him to assist with making decisions on his behalf. If he is willing to sign those documents, they should get drafted and executed as soon as possible. Once he has passed, you will need to file probate to finalize his affairs. Schedule a free consultation to ensure your uncle's estate is properly managed.

A: I’m sorry to hear about your uncle’s health declining.

No one can get a power of attorney, or set up a will or trust for another person without their consent. For ethical reasons, he would need to be the person who tells the lawyer what he wants, if anything. Some people don’t want to do any estate planning and no one can force them to do it. Of course, that would be unfortunate for their loved ones because it may force them to go through a court process called probate, which can last many years. But if someone has sufficient mental capacity (from a legal standpoint) to handle his own affairs, he needs to say what he wants to do, who he wants handling his assets, and who will inherit his assets. Best wishes.

A: I'm sorry to hear about your uncle's situation. You will need to hire a local probate attorney to administer your uncle's affairs once he passes. Temporary orders can be obtained while you wait for a hearing to obtain full Letters of Administration. Best of luck with this.

A: I’m really sorry you’re going through this—it’s a lot to handle emotionally and legally. Since your uncle has no will, trust, or designated representative, his estate will likely go through California’s intestate probate process. That means his assets will be distributed according to state law, starting with any surviving spouse (if applicable), and then to blood relatives like siblings, nieces, or nephews.

Right now, while your uncle is still alive, you don’t have legal authority to act unless he appoints you through a power of attorney. If he’s still mentally competent, you could gently ask whether he’d be willing to sign one or set up a simple will. If he’s unable to do that, then you’ll need to wait until after his passing to act. Once he passes, you can petition the probate court to be appointed as the personal representative (also called administrator) of his estate. You'll file a Petition for Probate (Form DE-111) and follow the court's process from there.

Being out of state doesn’t disqualify you, though it may require a bit more coordination. Gather any documents you can, such as bank records, titles, or anything showing ownership. You’ll also want to check if any of his accounts have designated beneficiaries or are set up as payable-on-death (POD)—those typically bypass probate. It’s a lot, but taking it step by step will help you stay grounded through the process.