Q: Grandma just passed. No living children or spouse. Power of Attorney deceased (daughter)
Grandmother just passed and has no living spouse or children left. Her last living daughter was her power of Attorney over her money but she passed away several months ago. Her son I believe was given the role of power of Attorney? when she became ill! As far as I know there is no will. There are however living grandchildren, 5 I think in total, myself included. Does her money and property get divided between us equally? Should I get a lawyer?
A:
I am answering these questions as if your grandmother was residing in NC when she passed, I see you are in TX so I want to make sure that this is correct.
Given the facts you laid out, that your grandmother was not married and all her children predeceased her, then yes the estate would be split equally between the grandchildren.
POAs have no effect once the person granting them has passed, I am not entirely clear who had the POA but it doesn't matter.
I would contact the clerk of court in the county where your grandmother lived and ask if the estate process has begun. If there is no will then one of the grandchildren will likely have to step forward and administer the estate, I always recommend that you hire a lawyer to assist with this process as the laws do not always follow common sense.
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