Introduction to Probate in Fort Lauderdale with Parker & Maloney, P.A.

Simply stated, personal representatives or legal personal representatives are the executors or administrators for the estate of a deceased person. Unless the decedent specifically named an individual in the Will, the probate court will appoint a personal representative. This might be a private entity, bank, or individual.

The personal representative may be the executor — the person named as such in the decedent’s Will. It could also be the successor to the executor or, if the decedent died without a Will naming an executor or administrator, the court could appoint one. In some states, including Florida, the term personal representative is used in place of administrator or executor during the probate process, and these terms are often used interchangeably by the court.

What a Personal Representative Does

A personal representative serves as fiduciary for the estate’s beneficiaries. This person or entity has the duty to act in good faith in the best interest of all involved. The law requires personal representatives to follow the terms of the deceased Will (assuming that individual had a valid Will). If the deceased died intestate, meaning without a Will, the personal representative serves as the administrator of the intestate estate.

Working with family members and/or beneficiaries, some of the tasks the personal representative may perform include arranging funeral services and notifying those entitled to part of the estate’s property. The personal representative must file all required forms, contacting financial institutions and government agencies including the IRS, and ultimately distributing estate property according to the Will.

Many people think being a personal representative allows you to choose who gets what.  Not so. It is important to note that the personal representative does NOT make random decisions him or herself unless specifically specified in the Will. The personal representative is bound by the terms of the Will, and this includes any and all distributions.

As a Personal Representative…

Most people think this means they just have to locate the Will and file it with the court, but that is not the only required tasks. As the deceased’s personal representative, you have a fiduciary responsibility to:

• Identify and secure all the assets in the deceased’s estate. 
• Identify all creditors and notify them that the estate has been opened.
• Pay off any and all valid debts.
• Dispute invalid claims.
• File any outstanding tax returns and pay all taxes.
• Pay all court fees and other associated fees incurred during the probate process.
• Distribute or administer the assets.
• Close the estate and the probate process.

All expenses come out of the estate before the remainder is distributed to the beneficiaries. And, given the significant amount of work involved, a personal representative often receives compensation from the estate as well.

We do this all the time!

Have you been assigned as a personal representative but are unfamiliar with how to do it, don’t have the time, or are concerned with the tasks involved? No problem. We represent estates in Florida, New Jersey, and Hawaii. Call now 877.727.5379 to schedule a free initial consultation with our experienced probate and estate planning attorneys by phone or Zoom.

Have you been left out of a will or aren’t getting what you deem is your fair share? If this has happened to you, you may have a legal option to contest the Will but be prepared to face an uphill battle.

What is contesting a Will?

Contesting a will is a type of estate litigation in which one or more interested parties challenge the validity of a Will or some provision found in it.

Who has the legal right to do this?

Under probate law, Wills can only be contested by spouses, children or people who are mentioned in the probated Will or a previous one. The process starts when one of these people notifies the court they believe there is a problem with the Will submitted during probate.

Grounds for contesting a Will

You need a valid reason to contest a Will, not just because you don’t like your share or for having been left out completely. Each state has its own laws and rules governing Will contests, but typically there are very few legal grounds for bringing one. These include: 

• The deceased did not have the required mental capacity to understand what was going on when the current Will was signed.
• The Will was signed under pressure and/or under undue influence.
• The one submitted to the Court is a forgery.
• The Will was not signed and/or properly witnessed, failed to meet state regulations, and is therefore not legal.

Considerations

Here are a few things to consider before going forward with contesting a Will:

• To succeed, you must have one of the legal grounds to contest the Will, all of which are difficult to prove.
• It makes financial sense, and that the potential gains will far outweigh the legal costs and will not unduly deplete the estate.
• It makes emotional sense as the process is long, and often extremely stressful.
• Are there alternatives that don’t involve legal action? Talk with us about how realistic your chances are of getting the Will invalidated, as well as other approaches available to you.

Still want to move forward?

Our job is to counsel our clients, help them navigate the entire process of creating and executing necessary legal documents before, during probate, and, if necessary, for contesting a Will. We represent clients in Florida, New Jersey, and Hawaii. Call now 877.727.5379 to schedule a free initial consultation with our experienced estate planning and probate attorneys by phone or Zoom.

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