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

UPDATED: Sep 5, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption