Anthony, TX Estate Planning Law Firms & Lawyers

A power of attorney is no longer valid once the person who signed the power has died. Even if your mother had signed a power of attorney, then, it would not help you now. It's not possible to tell you what to do now, without receiving more information. You may have to probate your mother's estate, or there may be a way around probate. The question depends mostly on the size of your mother's estate. You can do some reading on the subject of probate, you can talk to a lawyer who handles probate matters, or both.

This is a complex question because it can happen. Does the surviving spouse have any rights. Possibly. She may have a dower interest in any real estate owned by the husband she did not sign off on which was transferred to the trust or corporation during their marriage. A spouse may also be entitled to any 401(k) funds from a pension unless the spouse signed off on a transfer or change of beneficiary. Under Michigan law you have a spousal allowance, an exempt property allowance and a homestead allowance for all property required to be probated.

Texas is a community property state, so once your father married your stepmother, the property and income they acquired became community property. Because your father died without a will, the Texas intestate succession laws apply. They determine who is entitled to what part of your dad's estate. Because he left behind a fairly large amount of property, it is necessary for his estate to go through the legal proceeding known as administration. Please make sure to consult with an attorney who is experienced in this type of law. Your step mother's 401k belongs to her. It will be up to her to determine who should inherit it because from your question it appears she is still alive. If she writes a will, that will determine who is entitled to her 401k and retirement accounts.