Legal Question in Wills and Trusts in Texas
exwife died-exhusband living in her home
my daughter died a year ago. Was divorced 5 years. changed the home into her name as agreed during divorce. Will was made to her mother who is power of attorney and executrix. Ex has contested. Waiting for trial. Ex got power of attorney and put home, all utilities, home insurance, etc. into his name and has moved into her home that was willed to her mother and nothing has gone to court to prove commonlaw which is what he is contesting. Isn't this against the law to move into property that is in the estate and nameof exwife and has not gone to court? I am her mother and can not believe that he should get away with this and is there any thing I can do? Thanks for your answer. I do not live in texas. I am from Wisconsin. This is hard as she was my only child.
3 Answers from Attorneys
Re: exwife died-exhusband living in her home
The Power of Attorney was only effective during her lifetime. If he moved in while she was still alive, the POA was good for that. However, if the house is part of her estate, then her heirs need to get him out. It would be expensive and take some time. Good Luck.
Re: exwife died-exhusband living in her home
It doesn't make sense. If you would like to talk about specifics, I will be glad to discuss. BTW - my husband is from Racine. :)
Re: exwife died-exhusband living in her home
If the POA to mother is later in time than the POA to the ex, that later POA extinguishes his POA. It will have to go to trial, but the dates on the POAs will be critical as to whether he had the authority to do what he did.
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