Under Pennsylvania law, the proper terms for the persons in charge of your Estate Planning documents are “fiduciaries” and I refer to these people – those in charge – as the “Bosses.”
Each boss has powers (which are discussed in Pa Estate Law – Powers (5-8)).
Pa Estate Law – Traits – 6
Notable is the fact that these bosses need to possess certain traits or characteristics in order for that document to be as effective as possible.
I have experienced that two traits should be inherent in all of the bosses of all four of the documents:
Although the bosses of each of the documents should also possess additional traits for that particular document to be effective (all of which shall be addressed in “Pa Estate Law – Documents (7-8),” unless your boss is “able” and “willing” to act on your behalf, your desires and wishes may not be followed.
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This article, which I published in the The Pennsylvania Law Weekly in the Spring of 2009 (with a few minor changes) is still relevant today. You can also review this article in the series of posts that have been – and will be – published in this blog.
Pa Estate Law – 1 – Intro
Pa Estate Law – 2 – Planning
Pa Estate Law – 3 – Taxes
Pa Estate Law – 4 – Fiduciaries
Pa Estate Law – 5 – Powers
Pa Estate Law – 6 – Traits
Pa Estate Law – 7 – Documents
Pa Estate Law – 8 – Pointers
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