Brooklyn, NY asked in Estate Planning and Probate for Texas

Q: My mother left my half sister in charge of her money and my sister died and my mother still alive who gets money

Because my mom still alive and has 2 living children is it legal for my deceased sister to leave her husband in charge of my living mothers money

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

A: It is not clear what "in charge" means in your description. If your mother appointed your stepsister her agent under a Durable Power of Attorney, that document might or might not give your stepsister the authority to appoint a successor agent.

Tammy L. Wincott and Nina Whitehurst agree with this answer

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

A: If your mother still has the mental competency then she should have her documents reviewed. It's also possible that an alternate was named in the event your sister was unable to carry out her duties.

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