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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?

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GrayGrammie, , if I remember correctly, "Personal Representative" was the term designated under the EPIC (Estates and Protected Individuals Code),  a Michigan law passed some decades ago.     I haven't checked to determine if the PR designation applies in other states, or whether other states have comparable EPIC statutes.

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.
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Yes.
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The POA and Medical POA can only apply before your father dies, while the Will can only apply after he dies. I doubt if a lawyer is required in relation to using the POAs, so there should be no need to alter them because of the new will. ‘Personal Representative’ would not be the term used for an Executor where I am, but Wikipedia OKs it. Your cousin Jeff is no longer responsible for winding up the estate, and you and your sister will have that responsibility. If your father is not happy with this, he will need to make a new will. It would be good to read through the new will with your father, and check that he is happy with all the other terms. Instructions to destroy the old will are sensible, as people can get confused which one is valid. There are usually no ‘related materials’, though sometimes Testators write a letter explaining their reasons for bequests and that would be a good idea to destroy if it is no longer be relevant.
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I've never heard of a personal rep. when referring to a will or POAs. I've heard of executor and agent but not personal rep. The POAs have nothing to do with the will. Are the POAs your dad's or your mom's? If they're your mom's they're no longer valid. The will is executed after death and the POAs are invalid after death. If your dad assigned the POAs they are probably still valid. Don't destroy anything. I would bring all the documents to the attys meeting and have him/her advise you what to do.
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MargaretMcKen Nov 2020
Many lawyers would probably tell you to let them rewrite everything, which could be expensive if there is no need for changes. Read them to check.
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It can be confusing the various terminology. In some places Personal Representative is the executor of the Will. best to confirm with the lawyer, as we are all in different communities.
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