Kaysville, UT asked in Estate Planning and Real Estate Law for Texas

Q: My dad passed in Texas a month ago. No will. Both of my brothers are incarcerated. I'm in Montana. What can I do?

I have death certificate too. One wants probate the other, heirship. Sister in law is power of attorney over one brother. What rights does she have as his power of attorney?

2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: The agent under a power of attorney can do no more than the person granting it. If that person is a convicted felon who has not had his rights restored, he cannot act as administrator of the estate and neither can his agent.

An Affidavit of Heirship only passes title to real property and is not enforced by a court for five year (to give "forgotten" heirs an opportunity to come forward.) Whether that is appropriate for this situation cannot be determined based on your description.

Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I would suggest speaking with a probate attorney in the area where your dad passed away as that will likely be the Court with jurisdiction should a probate be necessary. Even though you live out of state you may still be an administrator of an estate, you just need to assign a resident agent for service; usually your probate attorney acts as your resident agent. A probate attorney will be able to explain all of this to you in more detail during a private consult.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.