Legal Question in Wills and Trusts in Texas

My Aunt has POA over my Grandpa's estate $180,000 in cash . The money is from the sale of his home. She took the money when he was still alive and put it directly into her personal account. Isn't that stealing? She is now telling my Mother there is $90,000 remaining and it doesn't need to go through probate. Maybe she intends to put the money back with the sale of her home. My question is can my Mother except money that hasn't gone through probate? Won't she be breaking the law?


Asked on 7/15/15, 4:53 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Your aunt should have created a separate bank account, or used your grandfather's bank account for the money so she could more easily account for the funds. When your grandfather died, everything he owned went into his estate. To distribute the assets of his estate in needs to go through probate. Your mom needs to see a probate attorney.

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Answered on 7/19/15, 7:55 am


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