California Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Administrator Of An Estate?
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FAQ
Under Probate Code section 8465, the court may appoint as the administrator a person ?nominated by a person otherwise entitled to appointment.? However, Probate Code section 8402(a)(4) provides that a person who is not a resident of the United States is not competent to act as a personal representative (and therefore ...
(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.
DE-121 NOTICE OF PETITION TO ADMINISTER ESTATE (PROBATE - DECEDENTS' ESTATES)
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 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.
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.
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.
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).
