Is a "personal representative" the same things as an executor?
I am confused by what I read online. I think they are one and the same, but then I'm not sure when I read another article.
My sister and I are the "personal representatives" of my father's estate. Dad drew up a new will after mom passed in July and made that designation then. His new lawyer discovered his old will (2013) was a mess. In that will, my cousin's husband was named executor. Dad believes Jeff is still the executor but his name is not found at all in the new will. As I understand things, my sister and I now have that responsibility.
I have a call in to dad's lawyer but would like to talk to him with some degree of understanding when he calls me back.
Also, dad was told to destroy the old will and all related materials and to instruct me, my sister, and Jeff to do the same. I still have my copy. Within the packet are POA and Medical POA papers. When the old will was replaced, should these pages also have been replaced, or at least updated so that the same lawyer handles it all?
5 Answers
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Your profile doesn't indicate the state in which or your father live, so I can't check to see if there's legislation comparable to Michigan's EPIC statute.
And, again, if I remember correctly, PR replaced the prior terms of "Testator" (male executor under a will) and "Testatrix" (female counterpart).
Typically new Wills revoke and replace any prior Wills, and there should be a clause to that effect in your father's new Will, "rescinding" any and all prior Wills.
When a new Will was executed, it only replaced any existing Will, not any POA or Living Will (Medical POA) designations. They're not only separate documents, but the POA and Living Will expire upon death of the individual who created them. There's no use for the Living Will or POA at that point, and the Will's Personal Representative(s) takes over the legal aspects.
It's not unusual though for the attorney to review the prior existing POA and Living Will to ensure they're consistent with your father's choices as designated in the new Will, or to bring them up to date and consistent with any applicable statutes.
These documents are often prepared simultaneously and bundled in a binder for the client. Ours also included a Bill of Sale, by which all goods and possessions were transferred to the estate. That avoids specifically designating the possessions, and is all inclusive.