Can Convicted Felons Serve as Personal Representatives in Florida?
Unforeseeable circumstances can turn our lives upside down, and sometimes, one’s reputation may be at stake due to unforeseen occurrences, such as the commission of a felony.
Nonetheless, certain rules apply in Florida when one has a criminal conviction on their record. If you want to petition the court to remove a personal representative due to their felony conviction, you need to understand the legal requirements and procedures.
Our Pompano Beach estate litigation lawyer at Mark R. Manceri, P.A., can explain Florida’s laws regarding the appointment and duties of a personal representative. We can help you petition the court for the removal of the personal representative and ensure that everything is in accordance with applicable rules and laws.
Can Convicted Felons Serve as Personal Representatives in Florida?
Under Florida Statutes § 733.303, those convicted of a felony are not qualified to serve as a personal representative. If a will names someone with a prior felony conviction as a personal representative, the court will appoint someone else to administer the estate. A personal representative is a person who is appointed by the court to manage the estate of a deceased person. They have the legal authority to identify, value, and distribute the assets of the decedent while adhering to Florida’s laws and the instructions written in the will.
What If the Person Named as a Personal Representative Was Convicted After the Will Was Written?
In Florida, timing is everything. If someone has been named as a personal representative in a will and is subsequently convicted of a felony, they will be disqualified from serving as a personal representative, if the conviction is not reversed on appeal. If someone is convicted after the will has been written, they are obligated to notify the interested persons and the court will remove that person as a personal representative and appoint a new one.
Can You Petition for Removal of a Personal Representative Due to Their Felony Conviction?
Yes, you can petition the court to remove a personal representative due to their previous or subsequent felony conviction. To remove a personal representative, you must submit a Petition for Removal to the where the decedent’s estate administration is taking place.
The court may remove a personal representative if they have been convicted of a felony or a crime involving moral turpitude or dishonesty, such as embezzlement or theft. However, under certain circumstances, convicted felons may be allowed to continue serving as a personal representative if they can demonstrate rehabilitation and fitness to serve. If you want to prevent someone who has been convicted of a felony from serving as a personal representative of your loved one’s estate, contact a lawyer to ensure that your Petition for Removal is successful.
Seek Legal Counsel
Convicted felons are not qualified to serve as personal representatives in Florida, and the court will appoint someone else to manage the estate. If you want to remove a personal representative because of their felony conviction, it is best to seek advice from a skilled lawyer to protect the interests of the estate and the beneficiaries. Contact Mark R. Manceri, P.A., today to set up a case review. Call 954-491-7099.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.303.html
