If my mom died without a Will and my power of attorney ended upon her death, what do I need to do to now handle her affairs?

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If my mom died without a Will and my power of attorney ended upon her death, what do I need to do to now handle her affairs?

I have been dealing with her health insurer regarding a refund that it owes and about money automatically deducted from her bank account that it said taking until I proved that it was happening. The insurance company now needs to refund for the years the money was taken out and what was it for. What do I need to do and what papers do I need? The insurance company won’t talk to me now because I need court papers to say I can do this.

Asked on June 10, 2015 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Your mother is said to have died "intestate" and the intestatcy statutes in the state will apply.  You will need to file for Letters of Administration appointing you as the fiduciary of her estate.  Thei will allow you to act on behalf of the estate which means that the insuance company will talk to you and you can settle the account.  They will issue a check to the estate as well so an estate account may be necessary.  Good luck.


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