Legal Question in Wills and Trusts in Texas
Land left by my father in law
In the state of Texas, my father in law died leaving a shabby house and 3 acres of land to his wife. There are 3 living, grown children. One of the children has power of attorney but not guardianship over her mother. The land is still in my father in law's name and has not been transferred to his wife's name. If his wife dies without dividing the land between the children, will it still be divided equally by the state or will the daughter that has power of attorney over her mother get it all?
1 Answer from Attorneys
Re: Land left by my father in law
The power of attorney dies with the death of the wife. If she left no will, then her interest goes equally to her children. I'm assuming that your father-in-law died with a Will, and that Will has been entered into probate.
If there has not been probate of your F-I-L's estate, then that will have to be the first order of business in order to get the property into Wife's name.
The law does not look with favor on an Attorney In Fact making gifts to themselves, which the child with the POA would have to do while the Wife was still alive.
Related Questions & Answers
-
Auditwho who can request an audit to be done on a estate? Asked 9/26/02, 5:09 pm in United States Texas Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
