IfI had shared power of attorney and the other party obtained temporary conservatorship days before my mother’s passing, can I pay her bills as before?

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IfI had shared power of attorney and the other party obtained temporary conservatorship days before my mother’s passing, can I pay her bills as before?

Temporary conservatorobtained on false petition statements. I live in her house and was primary care giver. Other party(brother) lives out of state and has transferred all her accounts out of state before conservatorship

Asked on January 10, 2012 under Estate Planning, California

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  A Power of Attorney dies with the person for whom it is untende.  So if your Mother has passed away it is no longer valid. Does your Mother have a Will? Who is names as the Executor on the Will?  Some one needs to be appointed as the personal reporesentative of the estate and if your brother did something under handed then I would not suggest him. Make the application to the probate court in the state where her real property is located. Get an attorney to help yu marshll - gather  - her accounts and deal with the issues with your brother.  Good luck.


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