Legal Question in Wills and Trusts in Texas
No will. One son has power of attorney.
My husband's father recently died in Texas. The oldest son in Texas has Power of Attorney. He says there is no will. He is not offering any info about the estate. Does my husband & his sister have any rights to his estate? Does Power of Attorney give him the right to everything? We are not talking about a big inheritance.
2 Answers from Attorneys
Re: No will. One son has power of attorney.
A Power of Attorney has nothing to do with who will receive any assets after death. In fact a power of attorney is void after your father's death. If he died without a will, then all children take equally. Hope that helps.
Re: No will. One son has power of attorney.
A power of attorney dies with the person who granted the power. If there are still assets, there are still assets, and there is no will, then the assets will be divided per the Texas intestacy statute, regardless of the power of attorney document.
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