Asked in Estate Planning and Real Estate Law

Q: How can I leave our house to my son. Husband Is in a care facility and my daughter has his power of attorney.

I live in the house but my daughter wants it. I want to leave for my son. Or should I sell it to him now? Can I take the power of attorney for my husband away from my daughter?

1 Lawyer Answer
Rosendo Parra III
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  • Estate Planning Lawyer
  • San Antonio, TX

A: Regarding your property, your daughter may only act on your husbands behalf if the durable power of attorney expressly entitles her to do so.

If such is the case, and assuming your husband has been deemed "incapacitated" as defined under Texas Estates Code. Then any person named as a successor attorney in fact or agent in the durable power of attorney may file a petition with the court justifying their basis as to why your daughter should be removed.

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