Judson, TX Estate Planning Law Firms & Lawyers

Powers of attorney are only effective while the person is alive. So even if you had a power of attorney from your mother, it would be worthless now that she has passed. It sounds like you actually want to be named executor or administrator of her estate. For that, you have to submit a petition to the probate court. A local probate attorney can help you do that (and they can help you figure out if being named executor is what you really need).

This is probably not something he should do, unless there are lots of other facts. If your husband was the only heir of his brother, it would make it a little easier to say yes. Same thing if the brother's Will says everything goes to your husband. If a court approved it. More information is needed.

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.