Does estate get divided if one parent with a durable POA passes away?

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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 2 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.


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