Legal Question in Wills and Trusts in Texas
After death
My uncle passed away a month ago and my cousin claims he made her the Power of Attorney. She also claims my uncle left all of his assets to her. She would not show any family member proof of this and we are wondering how can we find out if she really is the Power of Attorney and if she is getting all of his assets? I thought all of this would have to go through probate court? If he had didn't have a will then it would be simple on who would get his assets, but if he did have a will is there a way I can see this will? My cousin is in need of money and it seems she is trying to get control of my uncle's money. How can I look into this and make sure everything is done correctly and she is not taking away from the rest of the family?
Considering laws are different everywhere, I should mention this would be in the state of Texas.
Thank you
2 Answers from Attorneys
Re: After death
The power of attorney died with the power grantor. You need to hire a lawyer immediately and put a stop to this. If there is a will, you need to know who has custody of it. You can make an application to the court to have the custodian of the will produce it to the clerk.
Re: After death
As a potential heir to the estate you can open probate and require production of the will. If there is no will, you can request to be appointed administrator to distribute the assets under the heirship statutes. Contact an attorney immediately.
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