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Last Will & Testament question?


My dad wrote in his will that he wants me to have his home located on his address. BUT it also states that his sister be declared his appointed personal representative, and she have all powers to make final decisions regarding his home and property.
Does this mean she can keep his house and property if she wishes?

No.

The personal representative is the person that is executrix or executor of the estate. The Personal Representative's role is to obtain financial and material closure wherever situated. The Personal Representative does file a fee or a statement of expenses including a detailed statement of time to perform tasks and may petition the court for reasonable fees for performing those tasks, but that person is not by and of itself included in any of the inheritance or property.

The Personal Representative will file with the IRS for an estate tax ID and will use the ID to submit paperwork. The same person will obtain any legal documentation on the house and all property and pay any final monies due and owing up until the date of the death of the deceased.
The powers possessed are in the financial areas but the house or property can not go up for sale unless the court is petitioned and monies are outstanding. If there are outstanding monies on the property and it is your decision to undertake the financial responsibility to assume the monies due and owing, you can petition the court to find in your favor.

You will have an opportunity to review the work the Personal Representative is doing, but if there is an estate involved you should hire an attorney to review and protect your assets.

Sounds to me like his sister is the executor of the will. The job of the executor is to make sure the terms of the will are followed and that your dad's assets are distributed as per the will.

No, she may not keep the house and do as she wishes. The Legal term for her job is the "Executor" of his will-- this is what is meant by Personal Representative.

As Executor, she will gather and inventory all of his property after he passes away. She will also determine outstanding debts he might have and be responsible for using his money to pay them.

After all of his debts are paid she will distribute the rest of his property in accordance with the instructions provided in the Will.

Regarding this issue, the only chance you will Not get the house is if the house needs to be sold to pay off his debt. Otherwise you are good to go.

Best of luck

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