Legal Question in Wills and Trusts in Washington

If you are named as the power of attorney for a family member & in the document it states that you are to be the executor of their will & it was dated recently would that null & void the person named as excutor on a will that was drawn up over 20 years ago?

Unfortunatly the person the will is for has passed away & while I know a new will was done & notorized etc. (no not thru an attny, a do it your self kit) I have no idea where they put the document.


Asked on 1/11/10, 2:56 pm

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

A power of attorney is only valid during the life of the person who signed it. A "last will and testament" is only operative after a person dies. Because of the formalities required when signing a will, a power of attorney cannot be used to appoint an executor of the will. Also, since the power of attorney expires at death, it would not suffice to appoint an executor, who can only take that office after the person dies. Does this answer your question?

Read more
Answered on 1/18/10, 1:19 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Washington