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

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

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Answered on 7/15/08, 12:34 pm

Donald McLeaish McLeaish&Associates;, P.C.

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

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

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