QUESTION

Does the surviving spouse with a will still go into probate when there is a POA and does the acting POA still has to perform as a POA for the spouse?

Asked on Nov 03rd, 2012 on Estate Planning - Texas
More details to this question:
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1 ANSWER

Probate Attorney serving Arlington, TX at Law Office of Eric J. Smith
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A Power of Attorney is a sharing of rights between living people, and it is void upon the death of the principal. Not to make light of a death, but dead people do not own property - that is the role of probate. There is no requirement that a will be presented for probate, but often a properly executed will is the simplest way to start the probate process. See what property remains in the decedent's name, and if that property cannot be transferred to the heirs or beneficiaries (real estate, financial accounts with no named beneficiary), contact a local attorney to see what form of probate best suits the needs of the estate.
Answered on Nov 06th, 2012 at 8:58 PM

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