Groveton, TX Estate Planning Law Firms & Lawyers

You notify the person to whom you granted the power that the power is no longer in effect. You should also notify any third parties who have seen or accepted the power of attorney (for example a bank.) A simple one or two sentence letter should suffice. If the power of attorney was filed in county records, then I would file a revocation with county records as well, just to be safe.

It's not automatic. To set the probate process in motion, someone (e.g. the executor in the will or another family member) has to petition the court to be appointed. Normally the person who wants to file the petition will hire a probate attorney to represent them. The question of where the probate estate should be opened is an issue of fact. You mentioned that he was temporarily living in another state. Probate should be opened in the state where the decedent last had his permanent residence. So for example, if I live in Illinois, but happen to die while on vacation on Florida, my estate should be in Illinois even though I died in Florida. It's a little trickier if you're father was actually stayed in another state for a period of months, or years. It's really a question of fact and should come back to where he intended to live on a permanent basis. But this issue can be the subject of dispute at times, in part because state inheritances laws can differ.

Basically a question of South Carolina law. However, basic common law would say, does brother have a reason why this should happen? Power of attorney only allows you to do those things that the principal would do if he were able not what you want, or think is right, but what the principal wants.