Brenham, TX Estate Planning Law Firms & Lawyers

Powers of Attorney are terminated by the death of the principal. After that person dies, a Power of Attorney should neither be used or accepted. An executor, administrator or personal representative of the decedent's estate, has the authority to act with respect to an account owned by the decedent. In virtually every case, this person must actually be appointed (by the Court) to this position. Many individuals believe that this authority simply springs from the Will itself, without the Court's involvement, and they are wrong. Once appointed, the executor will typically need to show proof of his or her appointment to the third-party (like a bank). Letters Testamentary are routinely issued by the Clerk to demonstrate evidence of this appointed authority, and these Letters are typically all that is required, although some financial institutions might also request a Death Certificate.

If one owner out of six refuses to sign, any of the others can sue for "partition," which is an action to divide the property. It probably can't be divided up six ways, so the court would order it sold. If we are talking about heirs, this would mean that six people are entitled to a share of the owner's estate. The owner's personal representative can sell the house, and does not need the approval of the heirs (although an heir could object that the sale was not for sufficient value, or was defective in some other way).

My practice is to leave each child 100 dollars, which shows that you thought about them when planning your estate. Or you could mention each one and specifically disinherit each child. You have to be very specific as to your intentions.