Friday, March 21, 2014

My father recently remarried and is currently in the hospital.Does he need to make a new durable power of attorney or does the previous one ...

Question

My father recently remarried and is currently in the hospital.

Does he need to make a new durable power of attorney or does the previous one still hold up



Answer

It lasts until he revokes it or he dies, unless the terms of the power of attorney state otherwise.



Answer

He should update his estate plan, simply because getting married now means his wife will inherit all of the community property, if any, and either one-third or one-half of the separate property.

A marriage or divorce ALWAYS means you should consult with a trusts and estates lawyer.



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