Fritch, TX Estate Planning Law Firms & Lawyers

You can't get a power of attorney for a deceased person. Any powers of attorney executed beforehand would expire upon the death of the power grantor. If you want to control the deceased mother's estate, you would need to go through the probate process. The particular procedure is fact specific.

The answer to your question depends on many facts that are not presented. Chief among them is whether your father is still alive and if so, is he legally competent. If he is legally competent, the answer is always no you cannot take control of his estate. If he is alive but not competent, you will need to go to court to have yourself appointed the conservator of his estate. If he is dead, it depends on whether he left a will or not. If he left a Will, were you nominated to be the executor? Was someone else? If he did not leave a Will, are you his only child? Was he married at the time of death? In all cases, is there any reason why you would not qualify as the person to be in charge?

Easiest and cheapest way is to sign an Assignment of your interest in your mother's estate to your brother. Presumably, his lawyer will be happy to draft that, and it won't cost you or him anything.