Killeen, TX Estate Planning Law Firms & Lawyers

Nope. I do like to put a statement in the wills I draft that the testator chooses not to leave anything to the child. That way, there can be no claim that you forgot them. It is your money and your assets, you can leave it to whomever you want.

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.

Yes, your sibling can make trouble for you over this. If you did not go to probate court you have essentially stolen money from the estate. For an estate of this size you could most likely file a small estate affidavit with the court. You would account for expenses for cleaning and settling the estate, pay your father's bills and split the remainder with your sibling.