Jarrell, TX Estate Planning Law Firms & Lawyers

A power of attorney is a delegation or sharing of rights by a living person and is invalid after the death of the principle. An agent acting under power of attorney should have the document, though in Texas a copy of the document has the same force and effect as the original. Also in Texas, a medical power of attorney and a statutory durable power of attorney are generally 2 separate documents governing medical and financial matters, respectively. The statutory form for power of attorney in Texas requires the principle sign before a notary.

In Texas, property paid for before marriage usually does not become community property. The issue is that Texas homestead rights are separate from community ownership interest. A spouse has rights superior to a creditor by virtue of residing in property that the spouse does not own. The title insurance company should be able to provide a document that says he does not have homestead rights without stating that he has an ownership interest in the property. If not, you may consider shopping for a new title company.

You may not need to go through probate. Contact a lawyer and see if your uncle's estate can be resolved without probate. If probate is needed, you should hire a lawyer, although you do not need to.