administration + advanced directives

Question 1

executor

Answer 1

personal representative appointed to carry out estate administration named in wil

Question 2

administrator

Answer 2

personal representative appointed to carry out estate administration NOT named in will

Question 3

powers and duties of personal rep

Answer 3

1. give notice to devisees, heirs, claimants against estate
2. discover and collect decedent’s probate assets
3. file inventory of said assets
4. manage assets of estate during estate administration
5. pay expenses of administration, claims against estate, and taxes
6. distribute property

personal rep needs court approval to borrow money, operate a business, or sell property

Question 4

can personal representatives be compensated

Answer 4

yes

Question 5

durable healthcare powers must be

Answer 5

1. in writing
2. signed by declarant or principal or another at that person’s direction
3. witness by 2 adult Ws

Question 6

revocation of durable healthcare power

Answer 6

notify agent or principal;s healthcare provider and revocation oral or written

Question 7

can agent under durable healthcare power be held civilly or criminally liable

Answer 7

no provided they act in good faith