Justin, TX Estate Planning Law Firms & Lawyers

A power of attorney expires upon the death of the Principal (the person who nominated you as the agent). After the death of Principal, someone would need to be named as the Personal Representative ("executor") of the estate in order to have authority to gather and distribute the assets. I recommend you speak with a probate attorney who can assist you in determining your best course of action.

No, you don't. You can leave everything you own to charity if you like or to your next door neighbor. However, I'm a firm believer of using estate planning as a way to reconcile if at all possible since death is so absolute and there is no way to ever take back things that are said once you pass away. I encourage all of my clients to use estate planning as a way to tell your kids that you are upset and that if things don't change, then there is no reason to change the plans. For example, you can choose to disinherit your one of your children, and leave small percentages to two others and the vast majority to the one that is kind to you. Then you invite your kids to thanksgiving and talk to them about your estate plans and have them read what was signed. Some will be very upset and may ask why. Many of my clients are surprised that they ask why and as I always tell them that most of the times family disputes are simply miscommunications and that one party sometimes doesn't even understand or is aware of the problem. If you can air out your issues while you are alive, it gives everyone a chance to talk and at least come to peace with your wishes. Otherwise you could die and they would be terribly confused and point their animosity towards their siblings who may have nothing to do with the original dispute. So to answer your question, you can do what you want, but instead of using your will as a sword to strike the last blow, I would try to use it as a way to open up a line of communication and telling them that you can change the will if family harmony and peace is possible.

I'm unclear. Did the Medicaid Estate Recovery Program send the notice regarding the parent's estate or your brother's estate? You should speak with the lawyer who probated the will. The Medicaid Estate Recovery Program is a creditor, and you would use the debt classification system of the Estates Code. I just can't tell from the email which estate MERP is going after.