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I am an Estate Liquidator in Fresno, California Currently I…

I am an Estate Liquidator...
I am an Estate Liquidator in Fresno, California
Currently I have a client who is named the Trustee and Power of Attorney for the deceased.I have been contracted to conduct an Estate Sale to liquidate the contents of the Deceased's home.The Sale was scheduled for this weekend.The Fresno County Public Administrator office has contacted my client, informing them that the Body has not been "claimed" and that they have located a distance relative who lives in Florida.
The county is asking to assume a controlling interest in the contents of the estate. Based on those two points.My client has a notarized will, naming her as the trustee and power of attorney.My questions are:
Do we proceed with sale of the contents of the home?
Did my client miss a step in her obligations to assume her role as trustee?
Does the Notarized Will overrule the county's requests?How should I and my client proceed?
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Answered in 5 hours by:
3/20/2018
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,654
Experience: Since 1983
Verified

Thank you for your question.

Has the Will be filed in Court for probate?

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Customer reply replied 1 month ago
unsure. the will was prepared 15 years ago
Customer reply replied 1 month ago
the lawyer and law firm are no longer in business

If the will has not been probated you cannot proceed with the sale.

California Probate Code § 8400:

"(a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a personal representative becomes effective when the person appointed is issued letters.

(b) Subdivision (a) applies whether or not the person is named executor in the decedent’s will, except that a person named executor in the decedent’s will may, before the appointment is made or becomes effective, pay funeral expenses and take necessary measures for the maintenance and preservation of the estate.

(c) The order appointing a personal representative shall state in capital letters on the first page of the order, in at least 12-point type, the following: “WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.”"

Yes, it sounds like your client missed the step of filing a petition for probate, otherwise the public administrator would probably not be involved. The will overrides the county's requests ONLY after it has been probated.

Whether or not the lawyer who wrote the will retired has no effect on the validity of the will or the requirement that it be filed in probate court.

I hope this information is helpful.

N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,654
Experience: Since 1983
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N Cal Attorney
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Category: Estate Law
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