Duties of and Selection Criteria for the Personal Representative

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Duties of the Personal Representative

The personal representative:

  • Proves the will in probate court
  • Collects and inventories property
  • Pays bills and collects debts
  • Files tax returns
  • Manages probate property
  • Defends or brings lawsuits, if needed
  • Distributes property

Selection Criteria for the Personal Representative

Choose your personal representative carefully. The person you select must be:

  • Able to do the job
  • Willing
  • Able to keep peace among family members
  • Able to meet legal requirements
  • Conveniently located nearby, if possible
African American attorney writing notes



Assets in a Will

Assets in a will, such as property, can be listed simply or detailed. They may include such non-titled property as family heirlooms and keepsakes, which have much more sentimental than financial value. Oftentimes, distributing family heirlooms and keepsakes presents greater challenges for family members than transferring titled property.

It is important to learn your state’s laws regarding non-titled property transfer. The law varies widely from state to state on what is required to make wishes regarding personal property binding on …

A Durable Power of Attorney for Health Care

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A durable power of attorney for health care allows you to choose someone (generally referred to as a health-care or medical “agent,” “representative,” or “proxy”) who will make health-care decisions for you when you can no longer communicate. You may designate your spouse, another family member, a close personal friend, or other trusted person of legal age—preferably, someone who lives near you. Talk to the person you choose to be sure he or she is capable of carrying out your …

Communicate Your Advance Directives for Health Care

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If you had a serious accident or illness that caused permanent loss of mental capacity, leaving you unable to tell your doctor which medical treatments you did or did not want, would your loved ones know what to do? Who would make these decisions for you? If you couldn’t make your wishes known, how could you make sure they were respected?

If you’re like most people, you probably haven’t taken time to complete or discuss documents known as advance directives …

Communicate Your Advance Directives for Health Care: Print this Lesson

This page contains the entire Communicate Your Advance Directives for Health Care lesson to enable you to print a section or the whole lesson.

Return to the Communicate Your Advance Directives for Health Care lesson.

If you had a serious accident or illness that caused permanent loss of mental capacity, leaving you unable to tell your doctor which medical treatments you did or did not want, would your loved ones know what to do? Who would make these decisions for …

Advance Directives Case Study 2

Contents


Case Study 2- How do you handle after-death choices? (Organ/tissue donations, autopsy, burial, cremation)

Description

Millie …

Advance Directives for Health Care

Advance directives for health care are legal documents that enable you to plan for and communicate your end-of-life decisions in the event that you are unable to speak for yourself. Thoughtfully prepared advance directives can ease the burden on those who must make health-care decisions for you. Without advance directives, decisions might be made by doctors, family members, and sometimes even judges who may know little about your wishes. Advance directives give you a voice in decisions about your medical …

Legal Records

legal records papers

Although you may change your will whenever you wish, there are three basic reasons to consider revising it:

  • There has been a change in your life.
  • There has been a change in the law.
  • You have changed your mind about specific provisions (for example, including or excluding a friend or family member to be a beneficiary of your property).

Life events that may trigger the need to update your will, trust, living will, powers of attorney, or other estate- or …

Legally Secure Your Financial Future: Acknowledgments

Acknowledgments

Legally Secure Your Financial Future is a self-study curriculum to help you organize your important papers, communicate your wishes about legal and other issues, and prepare your financial affairs.

Content development by:

Marilyn C. Bischoff, M.S., Team Leader
Extension Professor and Family Economics Specialist
University of Idaho Extension
Boise, ID

Joanne Bankston, Ph.D.
Family Economics and Management Specialist
Kentucky State University Cooperative Extension Program
Frankfort, KY

Elizabeth E. Gorham, Ph.D.
Associate Professor, Extension Family Resource Management …

Legally Secure Your Financial Future: Disclaimer

Material in this web site is not intended to be a substitute for legal advice. Rather, it is designed to help families become better acquainted with some of the devices used in estate planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted, and statements within this lesson, fact sheets and learning activities are based solely upon those laws in force on the last revised date of the web site or …