Legal Question in Wills and Trusts in Washington
Attorney-in-Fact
My mother has been named Attorney-in-Fact in her recently deceased mother's will, with the provision that ''If [she] is at any time unable or unwilling to serve, [her sister] shall serve as Attorney-in-Fact for the principal.''
Is there a process that my mother must go through in order to hand the responsibility to her sister, or may the sister simply proceed with the wishes of their mother's Will?
Asked on 4/21/08, 7:19 pm
1 Answer from Attorneys
Christopher Steuart
IT Forensics, Inc.
Re: Attorney-in-Fact
This is odd. An attorney-in-fact is created by a power of attorney not a will. A will creates an executor/personal representative. You may want to re-read the document.
Answered on 4/23/08, 8:07 pm
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