Power of Attorney

[Concerned Mom]

Jurisdiction

California

My ex~husband died and our only son is inheritor. The administrator ( a local Atty) has been appointed, and probate was granted. I talked to my son ( who is incarcerated) today about what is happening, and he told me the Atty was waiting for "letters" from the Judge to give her "authority" to do things like close the bank account, and open a bank acct. in which to write checks for "the Estate of", my ex. My question is WHAT paperwork, signed by the Judge, is she waiting for? Can't she do things without a judge sending 'paperwork'? I thought that's what probate did? Needless to say, I'm suspicious. This doesn't sound right.

My ex- husband died, the heir, our son, is incarcerated. He sent the paperwork naming me(Power of Attorney), to the lawyer, also the estate administrator, and I've heard nothing from her. Shouldn't I be notified? Shouldn't I have a copy? She's not said a word to me. I know she received from my son, but I have heard nothing. Is this how it's supposed to work?

 

[Zigner]

My ex~husband died and our only son is inheritor. The administrator ( a local Atty) has been appointed, and probate was granted. I talked to my son ( who is incarcerated) today about what is happening, and he told me the Atty was waiting for "letters" from the Judge to give her "authority" to do things like close the bank account, and open a bank acct. in which to write checks for "the Estate of", my ex. My question is WHAT paperwork, signed by the Judge, is she waiting for? Can't she do things without a judge sending 'paperwork'? I thought that's what probate did? Needless to say, I'm suspicious. This doesn't sound right.

Generally, the will only "nominates" someone to act as the personal representative of the estate. The court actually grants that authority to the named person. If there is no will, then someone would have to apply for that authority.

 

[adjusterjack]

My question is WHAT paperwork, signed by the Judge, is she waiting for?

It's called "letters testimentary." It's a court order confirming the appointment of the attorney as representative of the estate. It's standard procedure in probate cases.

Can't she do things without a judge sending 'paperwork'?

No. She will need to present that paperwork to banks to get them to do anything.

Needless to say, I'm suspicious. This doesn't sound right.

It's right. There's nothing to be suspicious about.

He sent the paperwork naming me(Power of Attorney), to the lawyer, also the estate administrator, and I've heard nothing from her. Shouldn't I be notified? Shouldn't I have a copy? She's not said a word to me. I know she received from my son, but I have heard nothing. Is this how it's supposed to work?

Yes. A POA allows you to perform certain functions for your son but does not trump attorney-client privilege. Probate is between the estate and the heir. You are not part of that relationship are not entitled to participate. Your son would have to waive attorney-client privilege and instruct the attorney to allow you to be involved. You're not an heir so I suspect that the attorney will advise against allowing you to be involved.

 

[zddoodah]

I'm assuming that your son is an adult.

I talked to my son ( who is incarcerated) today about what is happening, and he told me the Atty was waiting for "letters" from the Judge to give her "authority" to do things like close the bank account, and open a bank acct. in which to write checks for "the Estate of", my ex. My question is WHAT paperwork, signed by the Judge, is she waiting for?

I'm not sure why you're putting all these terms in quotation marks, but the administrator is waiting for exactly what your son told you. Letters of administration (sometimes referred to as letters testamentary). It's the document that the administrator can show to anyone as evidence that he/she has the authority to act as administrator of the estate.

Can't she do things without a judge sending 'paperwork'? I thought that's what probate did? Needless to say, I'm suspicious. This doesn't sound right.

I'm not understanding why you're confused. Probate is the process by which a deceased person's estate is administered. As noted above, the letters of administration is the document that the court issues that grants authority. That you're ignorant of how the process works shouldn't cause you to be suspicious.

He sent the paperwork naming me(Power of Attorney), to the lawyer

"He" your ex-husband or "he" your son? If the latter, then you need to be aware that a power of attorney gives you (as attorney-in-fact or agent) the authority to act on your son's behalf in transactions with third persons. However, it does not obligate any third party to deal with you.

Shouldn't I have a copy?

A copy of what?

She's not said a word to me. I know she received from my son, but I have heard nothing. Is this how it's supposed to work?

When did you call the attorney/administrator to introduce yourself and discuss the matter?