Washington Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate

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Multi-State
Control #:
US-00484BG
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Word; 
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Description

The following form is by an affiant as an executor of an estate.
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FAQ

An attorney-in-fact is a person who has been legally appointed to act on behalf of another person in a legal or business matter. The person appointing the attorney-in-fact is called the "principal," and the attorney-in-fact is sometimes referred to as the "agent."

Lack of probate affidavit" means a signed and notarized document (by any heir)declaring that the affiant or affiants are the rightful heir or heirs to the property and containing the following information: (i) The names of the affiant or affiants; (ii) The relationship of the affiant or affiants to the decedent; (iii) ...

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.

The agent is authorized to: accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy, bequest devise, gift or other property interest or payment due or payable to or for the principal; assert any interest in and exercise any power over any trust, estate ...

In an agency a principal appoints another as his/her agent and confers upon the agent the authority to perform certain specified acts or kinds of acts on behalf of the principal[ii]. A power of attorney is a written authorization that can be used as evidence before a court to show an agent's authority.

A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may be present. In estate administration the identity of the client may be unclear under the law of a particular jurisdiction.

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Washington Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate