Legal Question in Wills and Trusts in South Dakota
My wife has been named, by her sister, as a personal representative for a living will, power of attorney for healthcare, last will and testament, and general power of attorney. Her sister is in good health and none of these items have been activated.
My wife wants to do none of these and wants to know if she has to fill out any special forms etc. to resign. Her name is listed in all of them. There is a back-up representative named, as well.
Her sister lives in Arizona and we live in South Dakota.
1 Answer from Attorneys
No special form required. But, as a courtesy, send a written note to the sister telling her of the declination, in case she wants to line up another alternate. If her will is probated, your wife may need to sign a declination with the probate clerk. That should be provided to her by the attorney for the estate.
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