Midfield, 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.

If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.

The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.