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How long can someone have power attorney after the person die

Corpus Christi, TX |

Mother pass away and left a will buy son refuse to show will he has power attorney

Attorney Answers 5


A power of attorney ceases to have any effect and terminates, upon the death of the principle. You should retain an attorney. The son can be compelled to file the Will with the probate court.

James Frederick

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8 lawyers agree


The POA lapses and terminates at the moment of death. Get an estates attorney to represent your interests.

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4 lawyers agree


Just for clarity because I don't think the law is different anywhere, in Texas, a power of attorney terminates with the death of the principal, in this case your Mother.

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9 lawyers agree


The"Powers" granted under the Power of Attorney document expire upon the death of the principle. The "agent" (or the mother's son) can create a real deep hole for himself by continuing to use powers that no longer exist, even to the point of commiting criminal acts. There are rules under our TEXAS PROBATE CODE which can be used to force the son to produce the will if he has it. If not, it's an entirely different set of circumstances.

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5 lawyers agree


The power of attorney is void upon death.
The son can be made to file the will.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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2 lawyers agree

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