Legal Question in Wills and Trusts in Texas

I have recently been appointed Durable Power of Attorney over my Stepfather by his request. His older Will names his daughter as the Executor of the Will. Does one trump the other? Who has the authority?


Asked on 10/22/09, 12:37 pm

1 Answer from Attorneys
Nicholas Dupre Stone and Associates, LLP

A Durable Power of Attorney is effective during one's lifetime. An Executor does not have any power until the individual dies. Thus, on death, the executor "trumps" the agent under the durable power of attorney. However, until the testator/principal is deceased, the durable power of attorney controls.

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Answered on 11/02/09, 2:12 pm


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