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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40991
Experience:  Texas lawyer for 30 years in Estate law
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My mother passed in Aug 2012. Before she passed, my brother

Customer Question

My mother passed in Aug 2012. Before she passed, my brother and I were assigned POA.
Here husband was still living at that time. He has now passed and their house is being sold. Am I still entitled to her half of the deed. Her name is ***** ***** the deed and I was contacted my a real estate agent for her death certificate. I told her I had POA and I haven't received a call back. I wasn't sure if POA for assets is still in effect since her death
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Unless there was a will here that was probated then you have an interest in the property and they need you to sign and you have right to your share.
I would start with checking to see if there was probate filed in the county she deceased in.
Laws of intestacy
spouse and descendants from you and someone other than that spouse
spouse inherits 1/2 of your intestate property
descendants inherit everything else
So he has a half interest and half of her interest.You and any other siblings split a fourth.
Check here with register of wills in her county of residence to see if probate was filed here and get copy of will if there was one.
You may well be an heir here , see what you find out.They would need you to sign here if you were.The POA ends at death no longer valid, the will or laws of intestacy( no will) would determine who gets the house or proceeds.
I appreciate the chance to help you today.Sorry for your loss of loved one.Please let me know if you have mroe follow up.Thanks again.