Saturday, 15 November 2014

Hi, In texas if one spouse dies, and leaves a surviving spouse which has a will, does it still go into probate when there is a POA?Does the ...

Question

Hi,

In texas if one spouse dies, and leaves a surviving spouse which has a will, does it still go into probate when there is a POA?

Does the acting POA still have power to perform as a POA for the surviving spouse?



Answer

No. A power of attorney dies with the power grantor. The surviving spouse should probate the will of the deceased spouse.

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