Legal Question in Wills and Trusts in Texas

Family Law

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

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Family Law

Powers of attorney die at the same time their maker does. Wills trump!

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Answered on 7/15/08, 3:53 pm


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