Grangerland, TX Estate Planning Law Firms & Lawyers

A power of attorney is void upon death. Now that she is deceased, if she had assets in her name only without any non-probate beneficiary designation, you need to see an attorney.

I am assuming there is no will. Without a will and with no surviving spouse, the estate is divided equally among the kids. However, if the house was deeded lawfully before death then it is NOT part of the estate since it was not in the name of the deceased at death. To challenge the transfer that was made before death you will have to prove fraud or breach of fiduciary duty (if the person was guardian or attorney in fact). It will be an expensive undertaking (I would be surprised if it was less than $20,000) so the value of the estate will have to be big enough to cover the costs or you won't have much luck getting an attorney. I always tell folks to wait until they are through their grief before they make a decision on something like this.