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My husband died we never divorced although he gave my son…

My husband died we...

My husband died we never divorced although he gave my son power of attorney and medical power of attorney. He was on my health insurance and I am the beneficiary of the life insurance which I paid through my job. He never made a will. I'm told I'm stuck with all his debts. My son says POA makes him executor. Do I need a letter of testimentary to settle everything including the funeral or does he have it.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

He has power of attorney, I have the bills, life insurance, marriage liscence etc. The mortician made me sign the papers for the funeral. The nursing home still has his disability card which might enough to pay for half of his funeral he also has his 401k which I believ e has me as beneficiary.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just need to know if POA ends at death and do I need letter of testimentary. I closed our joint accts and opened my own.

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Answered in 2 minutes by:
4/6/2018
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,309
Experience: 30 plus years of experience.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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My condolences for your loss.

Yes, ALL POA's terminate upon the death of the principal. So, your son's POA conveys no further legal authority over your late husband's assets or estate.

All joint tenancy property, joint accounts and accounts or insurance with named beneficiaries pass automatically to the named beneficiary outside of probate.

So, you would only need to appointed rep of the estate if there are assets to distribute from the estate.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 4 months ago
His mother died in January in Coloradoand there might be assets there, my brother-in-law refuses to read the will and claims he is the executor. My husband was to sick to contest this should I get the letter of testimentary just in case and can I force the reading of the will so I can settle my husband's estate.

There is really no such thing as a formal "reading of the will". That is a product of movies and television.

As an interested party, you can retain an attorney to open an estate in CO if none has been opened yet. Then you can ask the court to order the production of the will under penalty of being held in contempt of court.

Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,309
Experience: 30 plus years of experience.
Verified
Loren and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you for the help. My brother-in-law is raising a stink over the funeral arrangements hasn't even paid the mortician for his mother's funeral. Tried to get my son to do it his way, my other boys and I needed to know I could do it our way. Have a great day!
Customer reply replied 4 months ago
When does the rating pop up

You are very welcome. Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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