Power of Attorney proof needed

[Nancee Brown]

Jurisdiction

California

My Mother passed away September 1, 1997. She left a will. I was named as Executor as I am the oldest of 3 daughters. I was unable to fulfill the duties of Executor. I signed a Power of Attorney form giving the power of attorney to my sister. She did an excellent job and was assisted by an attorney. My mothers estate was divided evenly between the 3 of us. I wanted the house and I received the deed in Feb 1999, by mail from the attorney.

Now almost 20 years later, I am in the process of selling my home.
The title company has said "This Company Does Not Find Of Record A Court Order Authorizing The Distribution Of Said Land."

The title company says they need paperwork that supports proof of my sister being executor of my mother's estate.

What exactly do we need? What kind of paperwork? I found out that the attorney who originally advised us has now become a JUDGE. I have been unable to contact the judge by telephone nor by email. One week ago I sent a letter but have received no response as yet. The escrow was supposed to close August 15...and I am wondering what can be done to resolve this? Can I sign a notarized statement saying I gave my sister power of attorney?

 

[adjusterjack]

Can I sign a notarized statement saying I gave my sister power of attorney?

That's a question you should be asking the people at the title company since they have the issue and we can't even imagine why.

Since your sister did such an excellent job with the help of an attorney I suggest you first go to the probate court and look up your mother's probate file. Get a complete copy of the file, every scrap of paper in it and then take it all to a probate attorney for review (keeping a copy for yourself of course). Can be any local probate attorney, you don't have to wait on the judge who isn't likely to be able to help you anyway.

Resign yourself to spending money on a probate attorney to get this fixed. And do it quickly. Otherwise your sale falls through.

 

[army judge]

My Mother passed away September 1, 1997. She left a will. I was named as Executor as I am the oldest of 3 daughters. I was unable to fulfill the duties of Executor. I signed a Power of Attorney form giving the power of attorney to my sister.

The last sentence of your first paragraph is probably the root of your problem.

You MAY have LACKED the authority to transfer your duties of executrix via a POA to your sister.

In my recollection, the probate judge had the obligation, responsibility, and authority to effect such a change.

I suggest you talk to a couple different attorneys, ask if what you did (using a POA to transfer your executrix duties to your sibling created a problem) was proper or legal.