Serving as a Personal Representative is an important responsibility because you are entrusted with administering another’s estate in an efficient and impartial manner. Often times, however, personal representatives abuse their powers or they are simply unfit to serve in that role. Luckily, Florida law has mechanisms in place to remove a personal representative that has failed to appropriately serve in their role.
In Florida, in order to challenge someone’s appointment as personal representative of an estate, you will likely need to initiate legal action. Under Florida law, an evidentiary hearing is required before a Judge can determine whether someone is fit to serve as a personal representative. This means, if you intend to challenge someone’s role as personal representative, you carry the burden of proving they are not fit by objective evidence. Evidence may include a variety of things, like text messages, letters, statements and banking records, as a few examples. The more evidence you can present reflecting that the personal representative lacks the necessary qualities and characteristics to serve in that role, the stronger your chances of prevailing. Likewise, evidence that the personal representative has failed to comply with their duties to properly administer the estate is also a compelling way to remove them in that role.
Challenging someone’s appointment as a personal representative is complicated and requires an experienced legal team that handles these types of actions on a daily basis. Contact Hengesbach & Hengesbach if you need advice on what your options are when it comes to personal representatives and the probate process. You can visit our website at www.willtrust.com or email me directly at coleman@hengesbachlaw.com for more information.
