Legal Question in Wills and Trusts in Texas
My father has passed and i have legal and medical power of attorny over my mother.My parents never made a will and I have one sibling.I want to put an acre of land in my daughters name,my brother says he will not sign or allow it. Do i need his permission?
Asked on 11/21/10, 6:29 pm
1 Answer from Attorneys
When your mother granted you the power of attorney, you agreed to act as a fiduciary. This means that you have to put her interests above your own. This means if you are taking actions that are not in her best interest, you may be breaching this fiduciary duty. This is not a good idea in many cases.
So to answer your question, you do not necessarily need his permission, but...if you don't have a good objective reason for gifting the property, you may find yourself in hot water later.
Answered on 11/26/10, 6:56 pm
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