How do we set up a joint executorship for our dead mom’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do we set up a joint executorship for our dead mom’s estate?
We 2 sisters are the only children of decedent. We were told that we had to have a power of attorney to access her apartment. Her assets are under $50,000. Is there a form that we need?
Asked on December 31, 2010 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. I am assuming that your parent did not have a Last Will and Testament, correct? Then the both of you want to apply to the Probate Court to become the Personal Representative of your parent's estate by filing a Petition. Once appointed then Letters of Administration are issued and you have the ability to act within the scope of the fiduciary powers permitted by the statutes in your state. Now, you can request temporary letters of appointment to allow you to act quickly on certain matters if need be. It is my understanding that in California if the assets are under $50,000 they qualify as a small estate so that is another option - and easier option - for you as well. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.