What paperwork do I need to act on a deceased’s behalf and how/where do I get it?

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What paperwork do I need to act on a deceased’s behalf and how/where do I get it?

When my mom passed away I didn’t need to go through the courts because she had a living trust, all our accounts were joint, I was the only beneficiary, properties were held in trust and I’m her only child. Now I need to submit paperwork on her behalf for a class action lawsuit. What do I need to show in order to act on her behalf and how/where do I get it?

Asked on September 5, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your mother had a living trust where you were its trustee and you need documentation to show that your can appear on behalf of her estate in a class action lawsuit, you need to sign an affidavit of surviving trustee under the penalty of the state of California and have your signature to the document notarized before a notary public.

The form is relaitvely simple (usually one page) and states that on such a date your mother created a trust, that you are the named trustee, that on such a date she died. Attach a certified copy of her death certificate to the document.

You can find forms online to asisst you.

Good luck.


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