What Rights and Powers Does a Personal Representative Have in Florida?
When you name someone as the Personal Representative, of your Estate, this individual needs to be prepared to take on a lot of important duties. They also face strict court supervision in addition to the watchful eyes of family members and heirs. You can almost guarantee that family members and potential heirs will be scrutinizing every decision, waiting for the first opportunity to dispute something and question the Personal Representative’s actions.
If you are the one who has been named to be the Personal Representative on someone’s estate, you need to go into the process fully aware of your legal rights and powers. This can help reduce the number of possible disputes that can arise. If you are experiencing a lot of problems with estate heirs, you may need the assistance of a skilled Pompano Beach Estate and Trust litigation attorney.
What a Florida Estate and Trust Litigation Can Assist With
When you retain Mark R. Manceri, P.A., we can help you with a variety of situations related to your appointment as a Personal Representative in Florida. Some of the issues we can protect you from or assist with include:
- Protection from personal liability
- A possible conflict of interest
- Second opinions
- Creditor claims against you individually, not the estate
- Claims that you breached your fiduciary duty
- Collecting your executor fee
- Adverse claims made by beneficiaries
- Avoiding self-dealing
You should be proactive and learn what your rights are from the start. This can help you understand what to do if a legal dispute does arise. It also helps you protect yourself from making mistakes that could result in personal liability.
Rights as a Personal Representative
You have a number of rights as a Personal Representative. You may get some pushback or arguments on some of the things you are expected to do. This is why it’s important to understand your rights ahead of time. Some specific rights you have as a Personal Representative can include:
- You have the right to proceed with the administration of the Estate’s business, which can include distribution of assets;
- You can seize Estate property (except protected homesteads);
- You have the right to request an initial opening of the deceased’s safe deposit box with your attorney or an employee of the financial institution who is present with you;
- You can sell real property during an intestate estate situation; and
- You can resign any time you want to as a Personal Representative, unless your departure would cause financial hardship to the estate or would put it in jeopardy.
Contact a Pompano Beach Estate and Trust Litigation Attorney
It’s beneficial to you and to the estate to have a qualified attorney by your side to represent you throughout the probate process. It’s even more important if there is a family member or other heir who is looking to bring a legal action to challenge your work and your duties. At that point, you need a Pompano Beach Estate and Trust litigation attorney. Contact Mark R. Manceri, P.A. today to schedule an initial consultation.