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Q: Are power of attorneys on public record in California?: Need to find a person's claim as POA is real or not.

Asked about 1 month ago in Power Of Attorney

A: Michael’s answer: Powers of Attorney for finance do not have to be recorded and they are not filed with any government agency. Therefore, unless you record the power of attorney, it is not of public record. Alternatively, you can record it and it becomes a public document.

Answered about 1 month ago.

Q: Can in use my power of attorney for my aunts passing: I was my aunts care taker for 6 years. She passed and I found a hand written will from 2017 leaving me her savings checking acct. I was a joint account holder on her checking but not the savings. Will I be able to get the money from the saving? I also had power of attorney for her financial but have been told that it no longer counts. Is that true? Her daughter's that are entangled from their mother for 6 years now want a copy of everything and want to know what money she had. Do I have to enclose any information to them. She made it clear in her will that they was not to get a dime. His should I handle this part.

Asked about 2 months ago in Probate

A: Michael’s answer: You as custodian of your aunt's holographic will have a duty to file the will with the court for safe keeping within 30 days of her death. Yes, you should provide your aunt's intestate heirs (her daughters) with a copy of the will. You need to determine to the best of your ability whether your aunt's assets were under $166,500. If the assets exceed this amount you will have to file for probate. If the checking account is a joint account, it may pass directly to you without probate. If you are financially able to, you should consult with/hire an attorney to assist you with your Aunt's estate.

Answered about 2 months ago.

Q: Is filing a creditor's claim against estate of previous employer for unpaid wages and overtime a probate lawyer's area?: Haven't found an employment lawyer experienced with or willing to consult with this probate issue, when probate lawyers tell me this is an employment law issue. Live-in caregiver for elder care with 3 of 8 heirs as power-of-attorney holding supervisory body. Paid below min wage and no overtime. Now 1 of said POA heirs is administrator of estate. Submitted demand for payment. Received a creditor's claim form and think an attorney assistance would be prudent. Anyone familiar with such a case, or know of someone who has experience with such litigation that would be available for expeditious consultation?

Asked about 2 months ago in Probate

A: Michael’s answer: I have worked with Attorney Bob King of Legally Nanny who specializes in the type of claims you inquire about. Bob is an expert and he can help you to formulate your claim so it can be submitted to the probate estate. If the estate rejects your claim, your option is to pursue the claim in Civil Court of Probate Court.

Answered about 2 months ago.

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