Hasse, TX Estate Planning Law Firms & Lawyers

No. It's entirely your choice of what to do with your assets. You can spend it all; give it all to one child; give it all to charity - whatever you wish.

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.

You may very well have a valid legal claim and the time limit for bringing this claim has likely already started running. The answer to your question depends on whether or not your father left a will or a trust. If he did not, and there was no surviving spouse, you would have certain rights under the law to a portion of your father's estate, and perhaps even all of it. In such a case, you would have recourse against your uncle and your father's girlfriend for taking the property. You should consult with an attorney experienced in probate matters as soon as possible to discuss the details.