Q: Can a normal inheritance be challenged in Texas?
In Texas, if one of a few heirs/next of kin, was sole caretaker/power of attorney/POD on one’s bank account/only person to care for person who now has passed, and there’s several credible witnesses, is there a way to fight the normal entitled heirship owed to other heirs? All that’s involved is a home&person is wanting to keep home, but other heirs want astronomical buyout amount. Or would hiring a attorney for this be a waste of time? No will, just a pass upon death deed created by POA before the level of constant care was increased/required.
A:
It depends on the quality and character of the evidence. Ordinarily, an agent under a POA can sign a deed on behalf of the principal, but it is highly suspicious if the agent himself is the grantee under the deed.
You would need credible evidence that the grantor-principal was absolutely of sound mind and intended to convey an interest in the property to the grantee-agent, but was physically incapable of personally executing it. For example, the grantor-principal was no longer able to use their hand to make a signature because of some medical condition.
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