QUESTION
Would a Statutory Durable POA override a spouse?
Asked on Sep 24th, 2013 on Estate Planning - Texas
More details to this question:
We just found out my father in law has stage 4 throat cancer and also just found out the his and my mother in laws marriage might not be legal because me may not be legally divorced from a previous wife. If he gives POA over everything to my mother in law, would the previous wife be able to come forward and do anything or would the POA override the spouse?
1 ANSWER
3 Awards
I think the POA overrides the prior spouse, even if the prior marriage is ruled valid. I do believe, at least in my state, PA, a married person can designate whoever he or she wants as agent in a POA notwithstanding blood or marriage. WHere blood or marriage come in is with the will, for inheritance. Make sure he has a will, so in the event the last wife would contest the estate and the prior marriage be ruled in her favor she wont get the bulk of the estate. See a local TX lawyer for more specific details regarding TX law.
Answered on Sep 24th, 2013 at 2:40 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900