Legal Question in Civil Litigation in Texas
Power of attorney
My uncle has been appointed as ''attorney-of-fact'' by his siblings in order to recover money from the sell of land once owned by a family ancestor. He'll be filing signed and notarized power of attorney forms with the williamson county district court clerk.
Should he petition the court by means of a written motion or petiton or can he just file the power of attorney documents and be able to receive the money?
3 Answers from Attorneys
Re: Power of attorney
Wjen you say Williamson Co., I presume you mean Georgtown, TX. The POA that you fiel is only the authorization for your uncle to act in the stead of the "siblings". I don't know where the money is that is to be distibuted. If it is in escrow, you will likely need an order of the Court to allow the "attorney in fact" to obtain the money for distribution. If you want my assistance in this matter in TX, contact me by e-mail.
Re: Power of attorney
In all likelihood, just filing the power with the county clerk should be sufficient. However, depending upon where the money is held, you may need to petition the court as well.
Re: Power of attorney
Call the clerk of the court. He or she will be glad to advise you on this simple procedural issue, and, perhaps, also, provide a tip or two to speed the matter along.
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