Arlington, TX asked in Insurance Defense for Texas

Q: If a Will and a Power of Attorney are exacuted at the same time are they both legal?

My brother-in-law left a Will and a Power of Attorney. He named my husband as his agent in the Power of Attorney and left some else as executor of his Will. Does the Will revoke the POA?

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1 Lawyer Answer
Nancy Hui
Nancy Hui
  • Pearland, TX
  • Licensed in Texas

A: No. Power of attorney is in effect only while the principal is alive. Once the principal dies, Power of attorney automatically terminates. A will on the other hand governs how/to whom the person wants his assets to go after death. There are no conflicts wth these two documents.

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