Legal Question in Wills and Trusts in Texas

power of attorney

If my sister is power of attorney of our fathers will while he is living upon his death does she still retain power when he dies. I am trustee for my nephew which is his great grandson whom he has left everything, but i am the sole trustee, the great grandson is a minor at the time. If the will goes into probate anything he has in his name will it be handled through probate court such as vehicles loans debts etc.

Asked on 1/29/09, 11:10 pm

2 Answers from Attorneys

Doug McCullough Phillips & Reiter

Re: power of attorney

We'd need to see all of the paperwork (i.e., powers of attorney, wills, trust agreements) to be able to answer this.

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Answered on 1/30/09, 9:43 am

Re: power of attorney

In general, a Power of Attorney dies with the person who granted it. Your sister's powers should end with your father's death although, if she is named as Executor (Executrix) of your father estate she may regain many powers when the Will is probated. Find a good probate attorney to go over the full situation with you. That's the only way to get the answers you want.

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Answered on 1/30/09, 10:32 am

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