Legal Question in Wills and Trusts in Texas
My son is incarcerated in Texas. His grandfather died and left him some money. My son did a Legal Power of Attorney and had it notarized in the Prison Law Library. I took it to the attorney handling the estate and to his uncle who is executor. They told me the Power of Attorney, which was done with me as person he gave the Power of Attorney to, was legal. So they gave me the estate check for my son but it was in his name. They told me to take it to my bank or one they recommended so I could open up an account for him and put it into a CD for him, so that when he gets out of prison, he would have some money to work with. Every bank I went to refused to recognize it or to open up an account for him because he is incarcerated. What can I do to get this money into an account for my son. The Attorney said he can't make the check out to me even though he has the Power of Attorney plus many other notarized letters from my son saying that he wanted me to handle the money for him as he knows I am honest and the Power of Attorney says exactly what he wants me to do. What can I do?
1 Answer from Attorneys
You need to check with a criminal lawyer on this one. Sorry I don't know the answer.