QUESTION
How to sign small estate affidavit for multiple heirs under power of attorney?
Asked on Sep 04th, 2014 on Estate Planning - California
More details to this question:
My mother died recently with no will and left only a few assets (no real estate) worth well less than $150,000. I am handling her estate and have drafted the Small Estate Affidavit (SEA) according to CA Probate Code 13100 listing my siblings and myself as heirs. Since we all live in different states I'm obtaining power of attorney from my siblings so we don't have to mail the SEA between us to get notarized signatures. I've made sure the SEA includes the clause ".... is authorized under Section 13051 of the California Probate Code to act ...." which allows for signing under POA. How do I sign the SEA once I have all the POAs? Is my notarized signature sufficient or must I also sign (and notarize?) as attorney in fact for each of my siblings?
5 ANSWERS
If you are signing a document as someone else?s attorney in fact, you must sign John Jones as Attorney in Fact for Tom Jones. If you do not sign in that way your signature as Agent on behalf of the Principal is invalid.
Answered on Sep 09th, 2014 at 6:58 PM
Edwin K. Niles
Your signature is enough.
Answered on Sep 08th, 2014 at 8:05 PM
2 Awards
Honestly, it is more trouble than it is worth having you do it the way you are. Put in the document that it may be signed in counterpart, and have everyone sign, get the signatures notarized, and submit the form. You will have trouble having the documents signed with a POA. Institutions are squirrely enough about giving up the money with a clean Declaration. Don't risk being it kicked and having to start over.
Answered on Sep 05th, 2014 at 7:01 PM
You probably need to have the power of attorney notarized as how is anyone going to know that you had authority to sign for your siblings. Why not just send out a copy of the form separately to each sibling and they can sign it and send it back to you. Put on the form that signatures can be in multiple parts and still be valid.
Answered on Sep 05th, 2014 at 12:02 PM
Trusts Attorney serving Sacramento, CA
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An ounce of prevention is cheaper than a pound of cure still applies. Why don't you seek probate legal counsel to advise you and assist you in this endeavor, instead of trying to do something you are not trained nor qualified for. I don't believe the power of attorney from each sibling will be legally sufficient, and therefore any signature you attempt will not qualify for the affidavit to be valid.
Answered on Sep 05th, 2014 at 12:02 PM