my mother passed away and she was separated from my father, can I as her daughter get power of attorney?

UPDATED: Oct 1, 2022

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my mother passed away and she was separated from my father, can I as her daughter get power of attorney?

My mother was separated and living apart from
my father for four years and even filed for
divorce in 2016 but my father refused to sign
the papers. She left no will or trust so right now
my father has all of the power. Can my siblings
and I fight my father for power of attorney?

Asked on October 2, 2018 under Estate Planning, California


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

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  It is not Power of Attorney that you are talking about becuase that is something someone who is alive transfers to another and it stops when that person passes away.  You are talking about being appointed as Personal Representative of the Estate.  While it appears your Father is really next in line for that any of you can apply to the court to be appointed.   You may, though, have a fight pn your hands.  And if your Mother died without a Will then the intestacy laws will apply to everything in her estate that was not jointly held.  Please go and speak to an attorney.  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 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.

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