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Texas Will and POA qustion

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chrislee5479

Junior Member
What is the name of your state (only U.S. law)? Texas

My question is this.

My step father died a few weeks ago in Texas. He left a will and it stated, among others, I was going to be awarded a sum of money. His wife had legal and medical poa. Can she alter the last wishes of my step father and change his will? Or does the poa become null and void upon death?

I am concerned his widow is going to try to alter the will and deprive us of our inheritance.
 


curb1

Senior Member
The POA dies with stepfather. Who has a copy of the will? Wife cannot change the will, but if she has the only copy she might lose it.
 

nextwife

Senior Member
And, for clarification: if dad had titled all of their assets into joint accounts, the will may not have assets to control. The will only affects assets that would pass through probate. So, as an example, if I owned a house a certain way with my spouse, it would not matter what the will said about the house, because the house automatically becomes owned by the surviving spouse at my death. So inheritance is also affected by what assets exist that would pass through probate, as well as what creditors the estate needs to pay from assets before distribution.
 

garrula lingua

Senior Member
How do you know he left you some money ?

By the way, in Tx, you can Probate a copy of the will (if the original is missing) - there are requirements to prove that it was not revoked, but it can be done.
 

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