Richmond, TX asked in Estate Planning and Probate for Texas

Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened 2010 now it's 2024. It's very hard to find out about these things when there is a sudden death. Thanks so much,

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3 Lawyer Answers
Sheldon Starke
Sheldon Starke
Answered

A: Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same situation. They would guide you far better because they have heard these entreaties many times from many different people. That's where I would start. Best of luck to you.

Jessica R. Ward
Jessica R. Ward
Answered
  • Estate Planning Lawyer
  • Pleasant Hill, CA

A: I am very sorry for your loss. I am not in TX, but California. I agree with the other post, and talk to everybody to see if they were aware. The only thing I would add is that sometimes those who execute a Power of Attorney also record them in the county recorder's index where they live. This could be worth a shot. Best of luck to you.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: To determine if your late husband had a Power of Attorney (POA) or to identify the executor and lawyers of his estate, you should first check any personal records he may have left. Important documents like a POA or will are often kept in safe places such as a home safe, filing cabinet, or a safety deposit box.

If you cannot find these documents at home, you may want to contact any attorney your husband worked with in the past. Lawyers typically keep records of the legal documents they prepare for clients.

Regarding the executor of his estate, if your husband had a will, the executor would be named therein. If you cannot find his will and are unsure if one exists, you can check with the probate court in the county where your husband lived. If a will was filed with the court, it becomes a public record and you can request a copy.

In cases where a will is not found, state law determines who is eligible to serve as an administrator of the estate, which often includes the spouse.

Given the time that has passed since your husband's death, it's also possible that steps regarding his estate may have already been taken. If you were not contacted, it might be due to an oversight or miscommunication.

Since navigating estate matters can be complex and emotionally challenging, especially after the loss of a loved one, seeking assistance from an attorney who handles estate or probate matters could be very helpful. They can guide you through the process of locating these documents and understanding your rights and responsibilities as a widow.

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