Legal Question in Wills and Trusts in Texas

Re: Power of Attorney

Generally, the POA must be signed before a notary public. If the POA grants the power to buy and sell real estate, then real estate may be sold. Please be advised this information is general in nature, and is not a substitute for consulting with your attorney.

Re: Power of Attorney

No, to the first question. Usually yes, to the second, unless that power has not been given.

If you're going to sell real estate, the power of attorney has to be filed in the real property records of the county where the property is located.

Re: Power of Attorney

The answer to your first question is no, however, the appointee can decline the responsibility at any time if he or she wishes to do so. In order for the power of attorney to be valid it must be executed before a notary public. To sell property, usually title companies will require a statutory durable power of attorney or a power of attorney that addresses the sale of that specific property.