Legal Question in Wills and Trusts in Florida
Co-Personal Representative
What does it mean by co-personal representatives in a Will? In my husband Will it lists me and my husband's father as co-personal representatives.
What is a Revocable Trust?
And, at the death of my husband will I be able to write checks in our joint checking accounts and the business checking account?
1 Answer from Attorneys
Re: Co-Personal Representative
Co-personal representative means that both you and your father-in-law are jointly and equally responsible for seeing that estate is appropriately taken care of. That usually means that you (or an attorney hired by you) have to open probate administration, gather/inventory the assets, see that creditors are paid, distribute the estate etc.
A revocable trust is a trust that can be modified or revoked during the creator's lifetime.
You can still write checks from the joint account. In fact it should automatically pass to you if you were a joint holder. As for the business account, it depends. If your name is on it, the answer is yes. If it isn't, you may or may not be able to write checks on it as the personal representative, depending on the powers given to you or taken away from you in the will.
Best wishes.