Legal Question in Wills and Trusts in Texas

As I understand, your father died. You mom signed a Durable power of attorney which appointed him as your mother's attorney in fact or agent to act for your mom. The document also appointed you to act for your mother in your father's stead if your father should die before your mother or resign.

One reason the bank would not accept the power of attorney is that death of the grantor (the person appointing the agent and attorney in fact in POA) terminates the power of attorney. If your dad died with a will, the will needs to be probated. If he did not, your dad's estate needs to be administered..

My guess is the bank account is community property so 1/2 of it would belong to your dad's estate. While the POA might make you your mom's agent, it is not going to make your your dad's agent. For that, you need to go to probate court.

I suggest you contact an attorney to review the documents and handle the estate.