What is the difference between an attorney in fact, trustee and a personal representative?
The main difference between the three titles is the source and limitations of their authority to act on behalf of their principal or entity. A personal representative is appointed by an Order of the Court. The following documents should be collected when your client is a personal representative: 1) Letter of Appointment and 2) the party’s death certificate. A Trustee is appointed through a legal document, whether it is a family trust or an Appointment of Substitute Trustee filed among the land records. If your client is a Trustee of a family trust it would keep the transaction moving smoothly to obtain a copy of the Trust instrument as soon as possible. Further documentation may be necessary, but the Trust itself is a good start. An Attorney in Fact is appointed by a Power of Attorney. As soon as possible, a copy of the Power of Attorney should be provided to the closing agent for his/her review. The closing agent will be inspecting the document for completeness and accuracy with the c
