father died, no will, PoA-affidavit question

[Guest]

my father recently passed away in california. he did not leave a will, power of attorney, or any other document that instructs me or his brother (the only two survivors in order of kinship) on how to settle his estate. apart from $500 in a brokerage account, however, he has no remaining assets to speak of.

the complication in this situation arises from the fact that i am not in california right now, and my uncle (father's brother) is handling all the arrangements for the funeral and for (the closure of) his accounts - bank accounts, credit cards, memberships, utilities (cable tv, internet, power and water), and so on.

i was asked by the coroner dept of the county and the funeral home to sign an authorization for my uncle to carry out all such funeral arrangements on my behalf, even though he is a blood relative and clearly second (after me) in the order of kinship - perhaps because i was next-of-kin.

therefore, what i need to know is this - does my uncle need some sort of document from ME, such as a power of attorney or an affidavit*, to authorize him (on my behalf) to contact these various agencies and notify them of my father's death [once we obtain the death certificate], and settle or close the accounts when and where applicable? or does the fact that he is my father's brother automatically entitle him to do so, even without a will or a power of attorney document (from me or my father) of any kind?

*[i assume this would be an affidavit stating i am not in california at the moment, and i am next-of-kin - and i authorize my uncle to conduct all such arrangements to access and/or close my father's accounts, on my behalf if applicable]

and in the case of the bank account, if my father had a safe deposit box (something we are attempting to confirm), will such a PoA from ME grant him access to the contents of the box?

finally, given the absence of any assets (beyond the $500 in my father's brokerage account), what happens if we discover balances (cash in checking accounts, or debts in credit cards or utilities' bills) in the accounts? will the notification of death of my father, and a statement confirming that no measurable estate exists, be enough to close these accounts? or is there a next step?

[Note: none of the accounts had joint ownership or co-signers of any kind. they were all in my father's name alone]

please help, as this is all quite overwhelming, and i am completely unfamiliar with probate law and procedures.

thanks in advance

 

[army judge]

If you're planning on going to California, simply say, thank you.
I plan on attending to things when I arrive next week.
Nothing is so pressing that it must be done within minutes of your father's death.
You need not advise everyone or everything that he died, either.
You simply need to arrange for whatever funeral services or cremation you wish carried out.
You can pack whatever items he had in his house.
The rest you give away or throw away.
That's it, unless you want to chase the $500 in the brokerage account.
A couple copies of death certificates will normally be arranged by the crematory or funeral home.
If you need more, you can get them from the county clerk.

You don't have to tell every creditor. These days, most know within minutes of your death. Besides, you aren't and never can be responsible for the debts of an adult that you aren't in a marriage or involved in business partnership.

So, relax, remember dad, and don't do anything you don't want to do. You have nothing to do, except arrange for his remains, should you choose to do so. Don't allow people to use the legal powers you possess, unless you trust them implicitly. If your dad had limited assets, probate will only cost YOU money. Hint, probate ain't free. You don't need to file it, if that's the reality in day's life.

My wife is the ONLY person I trust that much. We've been married 48 years in August.

 

[Betty3]

i was asked by the coroner dept of the county and the funeral home to sign an authorization for my uncle to carry out all such funeral arrangements on my behalf, even though he is a blood relative and clearly second (after me) in the order of kinship - perhaps because i was next-of-kin.

Did your Father have a life insurance policy? It seems he apparently had no assets except for $500.00 in a brokerage account. You need to be very careful that you don't sign anything making you responsible for payment to the funeral home. (unless you have the money & are willing to pay the funeral home) It seems you don't know yet if there is a safe deposit box & what is in it.