Legal Question in Wills and Trusts in Texas
when does a power of attorney expire, at death? My husband brother is keeping his mothers will from him & she told him years ago he was executor. How can he get a copy of the will?
Asked on 7/28/12, 11:16 am
1 Answer from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
All Powers of attorney expire at death. A power of attorney that is not durable expires upon disability. Durable powers of attorney survive disability but expire upon death.
Powers of attorney are also terminated if a court imposes a guardianship.
If mom is dead, and the will is probated, your husband can get a copy from the probate clerk. If mom is dead and the will is not probated, your husband should see an attorney about his options.
Answered on 7/28/12, 11:26 am