QUESTION
Can a POA help to show my mom’s intent?
Asked on Mar 03rd, 2016 on Estate Planning - California
More details to this question:
My mother passed and I can only find the signed copy of her will, which I got from her attorney’s office (the attorney has passed). The probate judge is stating that since I don't have the wet signed will that it is presumed that the will was revoked. Prior to her death, mom gave me full power of attorney. I think that the court is trying to bilk the estate. Please help.
2 ANSWERS
Probate Code Section 6124 has a rebuttal presumption [means the burden of proof shifts to you] that the Will is not valid only if there is no signed copy of the original Will, which you say you have. You need to speak to the judge again, with a copy of the applicable code sections and google the topic and see if you can find any case law in your favor. Give the judge a summary of the law before the hearing. You could try to write him a letter saying you may have misunderstood him, but judges normally will not read letters. If he made a ruling, you could ask for reconsideration. Speak to some local probate attorneys to see what their experience is with that judge if he is not very familiar with the law.
Answered on Apr 01st, 2016 at 4:36 AM
POA applies only to when person is alive. The court is using the law.
Answered on Apr 01st, 2016 at 4:36 AM