Does estate get divided if one parent with a durable POA passes away?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does estate get divided if one parent with a durable POA passes away?
My parents have a Will. My mom signed a durable POA to my dad; she had to be placed for dementia. I am executor and listed as next agent if something happens to my dad. My mom will need continuing care and it is not cheap. Does the estate get divided, as stated in the will, if dad passes and mom remains alive? If my dad has durable POA and I am the next agent listed, does durable POA transfer to me?
Asked on November 9, 2018 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A POA has NOTHING to do with the disposition of an estate after the person who gave you the POA passes away. Only wills, not powers of attorney or any other documents, control what happens to someone's assets after they die. So in terms of what happens to the estate, ignore the POA; follow the will.
If you are listed on the POA as the back-up or successor agent after your father, then per the terms of the POA, you will become the agent when he passes.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.