Question regarding Texas inheritance law?

Question

I had power of attorney over a woman and now I am executrix under her will. I am the survivor on her checking account of which I had power of attorney. That account has not been completely closed. I recently received some checks from her Nursing Home Insurance, 2 for back months that they failed to pick up earlier. This is a reimbursement for what I have already paid the nursing home from the account of which I had power of attorney. They are paid to her Estate. I am not a beneficiary of her estate. However, since this is a reimbursement from what has already been paid out of her checking account, am I entitled to the funds or will they have to be paid to the beneficiaries of her estate?

Answer 1

I understand your dilemma.  As a survivor on her bank account, you are entitled to the balance of what was left in the account when she passed, however not being a beneficiary of her will, you not entitled to anything flowing from the estate.  Whatever you do, communicate to all the parties involved.  I believe that the checks should be returned to the estate as the reimbursements do not "relate-back" to the bank account.  I bet you didn't want to hear that answer but it is the right thing to do.  If you genuinely believe you are entitled to it, notify all of the parties involved to see what they think.   If there is no agreement, approach the Court to resolve the issue.

Answer 2

I don't understand your terminology.  If the checking account was a joint account and you paid for the Nursing Home out of that account, you had a property interest in the account.  If you merely had a power of attorney over the decedent, the funds in the account were her money and belongs to her estate anyway.  

If you have an interst other than just having a power of attorney over the decedent in the account, then as executrix you could pay that account for what its owed from the estate.  If you don't have an interest, it doesn't matter.

Your power of attorney expired on the death of the decedent.