Legal Question in Wills and Trusts in Texas

Issues of My FREE Question seeking a FREE answer are as follows: My mothers cousin and her cousins husband set up a revocable trust to care for them, their estates, and their monies. The Husband (trustee #1 died), the sucessor trustee (a bank-failed and unknown regulators took over) and her cousin (trustee #2) has been declared incompetent. My mother holds power of attorney and an account in trust for medical and maintainance has beenexhausted. What must be done, what forms in texas must be filed for my mother to obtain successor trusteeship/ executorship over the trust to access more monies to maintain her 99 year old cousin?


Asked on 8/15/15, 11:16 am

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

You need to have an attorney review the the trust and the power of attorney to see what can be done. If the power of attorney is a not a durable power of attorney, it would terminate upon incompetency If not, she may have standing to have the court appoint a new successor trustee. If the Power of Attorney ended with the cousin's incompetency, another option would be an application for a guardianship of the cousin. Also if the Power of Attorney does not cover medical issues, a guardianship may also be necessary.

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Answered on 8/15/15, 2:39 pm


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