California Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Executor Of An Estate?
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FAQ
Hear this out loud PauseThe trustee cannot assign his or her powers to someone else, although he or she is allowed to delegate the duty to invest to others. Also, a trustee may rely on professionals to properly advise. Avoidance of conflicts.
(Revised: 01/2021) Probate Code section 13100 provides for the collection or transfer of a decedent's personal property without the administration of the estate or probate of the will.
Hear this out loud PauseCalifornia Probate Code § 810-13 defines incapacity as when someone is 'without understanding,' 'of unsound mind,' or 'suffers from mental deficits so substantial that they lack the legal capacity' to take care of themselves and make appropriate decisions.
Hear this out loud PauseWhen a revocable trust has one grantor, the trust turns irrevocable when the grantor dies or becomes incapacitated. A legal issue arises with a joint trust that determines whether a revocable trust becomes an irrevocable trust.
The affidavit of successor trustee for California specifically requires that you provide proof of incapacity (most commonly a death certificate) and evidence that you have the authority to act as successor trustee (the Trust with any amendments).
The Executor cannot use their unique position to secure a financial benefit (beyond the normal payment owed to the Executor for their services). For example, an Executor cannot sell real property assets owned by the estate to themselves at a below-market rate.
Section 4697. (a) If after executing a power of attorney for health care the principal's marriage to the agent is dissolved or annulled, the principal's designation of the former spouse as an agent to make health care decisions for the principal is revoked.
Hear this out loud PauseTypically, the settlor (i.e., the person who created and funded the trust) is the trustee until incapacity or death. Upon the settlor's incapacity, the successor trustee will need to obtain whatever certificates the trust document requires in order to establish incapacity and take authority.
