Legal Question in Wills and Trusts in Texas

My grandfather passed away December 31st 2012. While planning his funeral service, my grandmother became unresponsive and has been in the hospital since that time. She slips in and out of consciousness and is just now beginning to feed herself and care for herself. The doctor wants her to admit her to a rehab facility for 20-30 days after she is released from the hospital. My grandfather made her his POA. She does not have a POA and in my opinion, at this time unable to name one. While all of this is going on, Grannies utility bills have come in as has her property taxes. She has the funds to take care of all this but because of her present medical condition, can not. All the while, certain members of the family have helped themselves to some of her personal property such as my grandfathers car and misc items from Grannie's house. How do I stop them and get her property back, they are acting like Granny and Granddad are both gone but Granny is still here. Granddads things are hers. Not theirs to take because they want to. Also, is it possible to get a temporary POA that would allow me to use grannies funds to pay her utility bills and property taxes as well as pay for the medications that the doctor has prescribed? I want to be sure granny has a home to come back to and I want to see that Granny is taken care of until she can do it for herself. What can I do? My Granny has been a huge part of my life. She would never let me down and would take care of me if the situation was reversed. I want to do the same for her.


Asked on 1/13/13, 4:52 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

There are two things that you can do and you might ought to do both. You can file to determine heirship and for an administration of your grandfather's estate. That will allow you (or someone else) to manage his estate, recover (hopefully) what has been taken, and protect all of his heirs, including your grandmother.

The secoind thing is that you can file to be your grandmother's guardian. It sounds as if she needs one.

A good probate attorney can do both for you. You should, at least, get a consultation with one to develop all of the facts and make a determination which way to go.

Read more
Answered on 1/14/13, 11:12 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas