Q: My grandma in Houston is in the final stages of cancer. I will attend her funeral but must return to new job Arlington.
Is there a power of attorney that will allow MY WIFE, also in Houston, to request and obtain the needed documents pertaining to her death (such as a copy of her death certificate and the will (if my mother probates it) and some estate issues? I anticipate my estranged mother will do all she can to be difficult even though my grandma and I got along fine, and she has told me I am in the will. If she does so, I know that I need a lawyer, but until then, I need a way to get the important papers.
I do not have access to my grandma other than occasional sneak phone calls when my mother, her caregiver, is away from the house. I do not know who the executor is.
A: If your grandmother wants, she can grant you a Durable Power of Attorney. That would be effective only during her life. It is not clear what important papers you seek or why she could not just hand them to you or tell you where they are, which would be necessary also with a Durable Power of Attorney. When she dies, the Durable Power of Attorney has no effect. Her Will presumably names someone as Executor. That person, or any beneficiary, can present the Will to the Harris County Probate Court and ask for letters testamentary, granting them power to settle her estate.
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