Legal Question in Wills and Trusts in Texas

Hi,

In texas if one spouse dies, and leaves a surviving spouse which has a will, does it still go into probate when there is a POA?

Does the acting POA still have power to perform as a POA for the surviving spouse?


Asked on 11/03/12, 9:15 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

No. A power of attorney dies with the power grantor. The surviving spouse should probate the will of the deceased spouse.

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Answered on 11/03/12, 12:30 pm


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