Raymond, CA Estate Planning Law Firms & Lawyers

You don't say if your mother is still alive or has passed away. A person who has power of attorney for financial matters may have the right to put her name on certain things like bank accounts and safety deposit boxes. But the POA has a fiduciary duty to act in the best interest of the person who granted that power and can not automatically convert everything to her own name solely for her own benefit. Once the grantor has died, the POA ends automatically and an executor of the estate must be appointed by a probate court. If your mother has passed away and you know the name of the attorney she worked with to draft the will, contact him or her to see if a copy exists. If your mother is still alive and legally competent, she can execute a new will.

I am sorry to hear of your loss. If your father had an estate plan that was valid that did not include you, then you would be entitled to nothing. If the estate plan may legally challenge then there is a possibility that you may be an intestate beneficiary. Since it does not appear that you know whether you are a beneficiary or not, you should probably advise the persons you believe to be the Trustees of your father's death and request a copy of the trust in writing, unless it is given to you based upon an oral request. Once you either receive the trust, or are denied the trust you should speak with an attorney in the State where your father died to help you determine your rights and next steps.

You need to discuss exactly what you are trying to do and what she is giving up with an attorney. She has some rights she may not be able to give up. It may be best to have a post-nuptial agreement between her and your father. In any event, you should not be involved in it as it may come back against you as influencing her and have no effect at all. See an attorney - better yet, have your father see one.