Removal of Personal Representative
A Personal Representative is the individual appointed by a Florida court to administer a deceased person’s (“decedent’s”) affairs during the process of probate. Probate is the legal process and actions brought in court by which a decedent’s debts are paid to creditors and assets owned are distributed to the respective beneficiaries. A Personal Representative, therefore, must take possession of all the decedent’s personal property and make sure that the assets are justly administered between creditors and beneficiaries. Although a Personal Representative may be removed, there must be legally valid and reasonable grounds for the court to do so; simply disliking a Personal Representative will not justify his or her removal by the probate court.
Allow the experience of the Miller Elder Law Firm Elder Law attorneys to work on your behalf: Both attorneys have managed countless probate cases. The Elder Law attorneys have a genuine interest in honoring your loved one’s wishes, and they both possess a zealous but diplomatic professionalism in the removal of a Personal Representative if warranted.
Contact The Miller Elder Law Firm located in Gainesville Florida by calling (352) 379-1900 or contact us online (millerelderlawfirm.com).
Responsibilities of a Personal Representative
Pursuant to the Florida statutes, any person over the age of eighteen who is a resident at the time of the death of the person whose estate is to be administered is qualified to act as a Personal Representative. Some of the responsibilities of a Personal Representative include but are not limited to:
● Taking possession of the decedent’s personal property, regardless of location.
● Giving appropriate notices to creditors and beneficiaries.
● Filing appropriate reports and pleadings with the probate court.
● Paying the decedent’s creditors and taxes.
● Distributing the remainder of the estate assets according to the respective beneficiaries in accordance with the decedent’s will.
● If an individual dies without a will, distributing the remainder of the estate assets in accordance with Florida’s intestacy statutes.
● Administering the decedent’s real property in Florida with the exception of the homestead.
● Representing the interests of all persons affected by the estate proceeding.
Grounds for the Removal or a Personal Representative
Some of the causes for the removal of a Personal Representative under Florida law include:
● If Personal Representative is incapacitated, or too mentally impaired to manage his or her duties.
● Failure to administer the decedent’s estate, or mismanagement of the decedent’s estate.
● Failure to comply with the orders of the court.
● Holding conflicting interests that may interfere with the fair administration of the decedent’s estate.
● Conviction of a felony.
The responsibilities of a Personal Representative require utmost care and diligence in order to respect the decedent’s wishes and protect the interests of the beneficiaries. If you are a beneficiary and you suspect mismanagement, divided loyalties, conflicting interests, self-dealing, or breach of fiduciary duty by the Personal Representative, it is imperative for you to seek proper legal representation.
If you suspect that the Personal Representative has breached his or her Fiduciary Duties, contact the Miller Elder Law Firm Elder Law attorneys for a free initial consultation. Our attorneys will work to defend your rights as a beneficiary, and to ensure your loved one’s last wishes are being carried out and properties are being treated fairly. Call the Miller Elder Law Firm, caring and competent Elder Law attorneys, at (352) 379-1900 or contact us online (millerelderlawfirm.com).