FAQs About Wills

Do I Need A Will If I Have A Power of Attorney?

by Rania Combs

A durable power of attorney allows you to choose a person you trust to handle your financial affairs if you become incapacitated and can’t handle them yourself. If you don’t have a durable power of attorney and become incapacitated, a guardianship may be necessary. Guardianships are expensive and cumbersome and can be avoided with a durable power of attorney.

However, the agent’s power ends when the principal dies. At that point, the personal representative of the estate takes over to wind up the deceased person’s estate. The estate is distributed according to the decedent’s Will if he or she has one, or according to the Texas intestacy statutes if there is no Will. The power of attorney does not control.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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