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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101731
Experience:  Fully licensed attorney in Texas in private practice.
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I have decided to file for an elective share as referenced

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I have decided to file for an elective share as referenced in my question on 7/10. My son, a non-lawyer, who has my durable power of attorney has prepared the Notice and will file it for me with the court clerk on my behalf. Could he be deemed to engaged in unauthorized practice of law by doing so?
Hello and thank you for requesting me.

Could he be deemed to engaged in unauthorized practice of law by doing so?

No - not by simply filing something on your behalf. He can file anything on your behalf that the POA allows him to do. However, he merely cannot represent you in from of the Court, meaning speak for you to the Judge.

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Customer: replied 3 years ago.

Thank you Ely. Again as before, that is most helpful.


 


Is it required that I personally sign the notice to be filed or can my son sign as my power-of-attorney as long as the power-of-attorney document is filed along with the notice?

Again, you are most welcome.

Is it required that I personally sign the notice to be filed or can my son sign as my power-of-attorney as long as the power-of-attorney document is filed along with the notice?

It is best that YOU sign the notice, if at all possible. While he can technically sign for you, just to minimize any possibility of a nuanced argument from the other side for technicalities, it is best that you sign any documentation.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

I can and will sign the notice and most certainly if as you say it may help avoid a nuanced argument, or any other type of argument for that matter it will be done that way. Once again Ely you have been most helpful and I thank you.

You are too kind with your words. Thank you.
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