Hideaway, TX Estate Planning Law Firms & Lawyers

A Power of Attorney is a sharing of rights between living people, and it is void upon the death of the principal. Not to make light of a death, but dead people do not own property - that is the role of probate. There is no requirement that a will be presented for probate, but often a properly executed will is the simplest way to start the probate process. See what property remains in the decedent's name, and if that property cannot be transferred to the heirs or beneficiaries (real estate, financial accounts with no named beneficiary), contact a local attorney to see what form of probate best suits the needs of the estate.

This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.

Probably not, unless he left a Will that names you as a beneficiary. You should consult with an attorney to address your specific issues as your question is very generic.