QUESTION

My sister died intestate and my mother is her next of kin but is in a nursing home. I have my mothers power of attorney may I represent her

Asked on May 29th, 2020 on Wills and Probate - California
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My sister died intestate and my mother is her next of kin but is in a nursing home. I have my mothers power of attorney and in California if the estate is under $150,000 it does not need to go through probate, can I represent my mother in these proceedings.
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
Yes, as your mother's power of attorney you can represent her and, for example, sign a small estate affidavit as her agent. Be careful -- if your mother's nursing home is being paid for by Medi-Cal, the proceeds need to be handled carefully to not cost the loss of those benefits. If that's the case, you should meet with a local elder law attorney to discuss your best course of action.
Answered on Jun 23rd, 2020 at 4:48 PM

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