Legal Question in Wills and Trusts in Texas
Wills and Community Property Laws
My father is currently dieing of cancer. His Last Will and Testament names my mother (now deceased, and my sister and myself, as benefactors of his estate. His second wife of only one year has come forward and is trying to make a case that she should be the sole inheritor of his estate, because of Texas community property laws. She is not mentioned in the Will and my father had legal documents drawn up saying that I was to be the executor of his estate, as well as his Power of Attorney over all business and medical decisions. I am currently acting as his Power of Attorney, since his mental faculties have declined tremendously.
1. Can I do anything now, as Power of Attorney, to prevent this money hungry woman from stealing our inheritance and 2. If he did pass away tomorrow, what legal rights does she have to his estate?
2 Answers from Attorneys
Re: Wills and Community Property Laws
Your Power of Attorney ended with your father's death. The new wife will take her intestate portion of your father's estate, but not the entire estate. See our website www.bradie-law.com for a chart of distribution in intestacy. Remember, property your father owned before this marriage is his separate property, while that which came in during the marriage is classified as community property.
Probate your father's will, and close all the accounts that you can. Then gather the estate as best you can, and make the proper distribution. You'll need the services of an attorney in the county where your father lived for the probate work.
Re: Wills and Community Property Laws
Your power of attorney will end at the time of your father's death. Your father should get an attorney NOW to protect him from any undue influence prior to his death. Your stepmother's rationale regarding community property is invalid. She will have community interest in certain things and she will have a life estate in the homestead if your father dies without addressing unresolved issues in a new will. There are many attorneys who will provide a free initial consultation and house calls in the case of grave illness. Please get help for your dad before this blows up into an all out war. The attorney will represent your father and help fulfill his last wishes, not the wishes of any of the heirs including your stepmother. God Bless.
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