Dilley, TX Estate Planning Law Firms & Lawyers

If your parents are deceased, and the sister has the original will AND she's refusing to probate it, you can file an action in probate court forcing them to deliver the original wills to the court clerk. If you can't afford to pay a lawyer to do it, you might check with a local law school and see if a legal clinic or law professor can assign a student attorney to do it for you.

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. 

In Texas there is a simple form of probate where the will is admitted as a Muniment of Title only. If that was the form of probate, then the order proving up the will is sufficient to transfer title to the beneficiaries - there is no other document necessary. If there was an administration where an executor was appointed, it was that executor's duty to transfer the house into the beneficiaries name(s) by recording a deed of some kind. If this was not done, you may need to contact an attorney to get the court to order the administrator to do his job.