Legal Question in Wills and Trusts in Texas

Power of Attorney, Wills

There is a family where the father (last living parent) is about to pass away. There is NO WILL. One of the children has power of attorney, and they are starting to take things out of the house and keeping away from the other 10 children. We were told that the if there is no will the oldest child has the right to distribute who gets what. This is very upsetting to our family since he isn't dead yet. Please clarify.


Asked on 8/18/07, 5:14 pm

1 Answer from Attorneys

Re: Power of Attorney, Wills

The child with the power of attorney has the power to act on behalf of the father while the father is alive. Once the father dies, the power dies with him. It doesn't matter if he's the oldest child or not. If you think the power of attorney holder is abusing the power (not acting in the best interest of the power holder) then inform the father. He can revoke the power at any time.

Also, tell the father to get an attorney and write a will (don't have him do it himself and dont have him use some software--get a lawyer and make darn sure it's done correctly.)

If you think things are upsetting now, wait and see what happens when he dies without a will.

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Answered on 8/19/07, 12:34 am


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