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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37048
Experience:  Texas lawyer for 30 years in Estate law
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My stepdaughter signed on as power of attorney to my

Customer Question

my stepdaughter signed on as power of attorney to my husband. Due to his recent illnes this info came to light. What are my rights as his wife?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You need to talk to husband about this.If he is intending to do this you may need to consider a divorce.Certainly you have property rights as a spouse and you may want to separate your fair share of all the assets. The step daughter means to leave you without anything or so it appears.I think you should consider your own lawyer unless husband agrees to redo this.

If she is to be his power of attorney you may need your own lawyer to protect yourself including divorce or legal separation to divide assets.This is certainly a major trust issue here and you have valid reasons to be concerned.The step daughter here may clean out bank accounts, etc.You need to go on and get out what you have access to and put in your name only and also consider a lawyer to protect you in all of this.

You have very legitimate concerns in all of this especially if husband is ill that stepdaugher is taking advantage of the situation.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

See if husband will agree to revoke this.

Revocation form..

OWER OF ATTORNEY REVOCATION

Reference is made to certain power of attorney granted by __________________________________ (Grantor) to __________________________________ (Attorney-in-Fact), and dated _________________, 20______.

This document acknowledges and constitutes notice that the Grantor hereby revokes, rescinds and terminates said power-of-attorney and all authority, rights and power thereto effective this date.

Signed under seal this ____ day of_______________________________, 20______.

____________________________________
[Signature of Grantor]

____________________________________
[Printed or Typed Name of Grantor]

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of ____________________
County of ___________________

On __________________ before me, _________________________________ (here insert name and title of the officer), personally appeared _______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of ____________________ that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_______________________________ (Seal)
Signature

Thanks again.I wish you the best.