How long can someone have power attorney after the person die

Asked almost 2 years ago - Corpus Christi, TX

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

Attorney answers (5)

  1. David M. Pyke

    Contributor Level 15

    9

    Lawyers agree

    Answered . 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.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are... more
  2. James P. Frederick

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Michael D. George

    Contributor Level 2

    5

    Lawyers agree

    Answered . 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.

  4. Steven J. Fromm

    Contributor Level 20

    4

    Lawyers agree

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

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  5. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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