Legal Question in Wills and Trusts in Texas
My Father is in very poor health, My Mother, his spouse of 58 years, is in good health, I (his Son) hold a "Power of Attorney" for all his assets, which are all free and clear of any leins or claims of any sort, all assets are "Community Property" shared with my Mother, children are myself plus 3 siblings, with no other children invovled. My question is, if my Father was to pass away tomorrow, with no existing will, would all assets become my Mothers. If not, Can I, having the "Power of Attorney" to his assets, assign the assets to his surviving spouse (my Mother).
1 Answer from Attorneys
It is somewhat more complicated than I am about to explain, but if your dad passes without a will, and your mother is sole spouse and there are no children from any other woman, then your mother inherits by operation of law all community property. The power of attorney you hold would be revoked the instant your father died and would thus be no good for anything.
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