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.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/