What to Do When a Personal Representative Keeps You in the Dark

It’s common for beneficiaries to grow frustrated when months go by without updates or when they suspect an estate is being mishandled. If you’re a beneficiary of an estate and feel like the personal representative is withholding information, you’re not alone.

Fortunately, Florida law offers clear protections for beneficiaries, and you have legal options when a personal representative fails to meet their obligations. A Pompano Beach estate litigation lawyer can help.

Personal Representatives and Providing Accounting

Under Florida law, a Personal Representative is appointed to manage and distribute the assets of a deceased person’s estate. Their responsibilities include gathering estate assets, paying off debts, and distributing inheritances according to the Will. If there is no Will, state law regulations are followed. Personal Representatives owe what’s called a fiduciary duty, a legal obligation to act in the best interests of the beneficiaries and carry out the estate’s administration honestly and transparently.

Part of the process is Personal Representatives providing a formal accounting of an estate’s assets, debts, and distributions. Florida statutes outline this duty, stating that representatives must keep accurate records of all estate-related transactions, provide a full and final accounting before the estate is closed, and respond to reasonable requests for information from beneficiaries. This accounting should show the estate’s starting value, a list of income and expenses, what has been paid to creditors, and how remaining assets will be distributed.

When a Personal Representative Fails to Provide Information

Unfortunately, some Personal Representatives fail to uphold their responsibilities. Here are a few examples:

• Case example 1. A representative delays distribution for years, claiming the estate is complex, but refuses to produce financial records.
• Case example 2. A beneficiary notices property was sold, but no sale proceeds are accounted for. The representative avoids questions and provides no explanation.
• Case example 3. The Personal Representative begins making distributions to certain heirs while others are left waiting and uninformed.

In any of these situations, beneficiaries may be left wondering what’s really going on. This leads to anxiety as they may be unsure whether they’ll ever receive what they’re owed.

If you’re being kept in the dark, know that you have rights. Beneficiaries can petition the probate court to compel the Personal Representative to provide a full and accurate accounting. In other situations it makes sense to remove the Personal Representative for breach of fiduciary duty. It may also be possible to demand repayment of misused or improperly distributed funds.

These are not steps to take lightly, but they are crucial when transparency breaks down. In many cases, the threat of legal action is enough to motivate an unresponsive Personal Representative to comply.

Working with a Pompano Beach estate litigation lawyer ensures that your concerns are taken seriously and your rights are protected. An attorney can review the estate’s progress, request necessary records, file petitions with the court, and initiate litigation if needed.

What can you do if you feel you’re being shut out of the process? Legal guidance can make all the difference. Contact the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation today.