Legal Question in Wills and Trusts in Texas

Duration of Durable POA

My brother received durable power of attorney over our father for medical and financial. My father has since passed away. Is the financial POA still in effect and does it override my fathers Will? I am listed as Executor of the Will. The Durable POA has not been recorded with the County Clerks Office. The Will has been filed with Probate Court.

Asked on 7/15/08, 12:02 pm

2 Answers from Attorneys

Nicholas Dupre Stone and Associates, LLP
0 users found helpful
0 attorneys agreed

Re: Duration of Durable POA

The Durable Power Of Attorney does not survive death. Thus, once your father died, you brother's duties as agent under the DPOA cease regardless of the probating of any testamentary document. Although, since the will has been probated, you now have the responsibility to administer the estate, which generally includes handling financial matters. Should you have any further questions feel free to contact me - [email protected] Hope that helps

Read more
Answered on 7/15/08, 12:34 pm
Donald McLeaish McLeaish&Associates;, P.C.
0 users found helpful
0 attorneys agreed

Re: Duration of Durable POA

POA is not valid after death. and if Will is filed, apparently you have a lawyer. If not, we'd be happy to help so just call

Read more
Answered on 7/15/08, 1:17 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now