What to Do When a Personal Representative Fails

Personal Representatives play a critical role in managing and distributing the assets of a deceased individual’s estate. Under state law, these individuals, who some call executors, are entrusted with significant responsibilities, including ensuring that the deceased’s wishes are carried out and that beneficiaries receive their rightful inheritances.

It is an unfortunate reality that not all executors fulfill their duties appropriately. When executor misconduct arises, it can lead to disputes, financial losses, and prolonged legal battles. If this is true for you, connect with a Pompano Beach estate litigation lawyer to protect your rights.

Duties of Personal Representatives Under Florida Law

Florida law outlines specific responsibilities for personal representatives, including:

• Identifying and valuing assets. Executors must identify all assets within the estate, including property, investments, and personal belongings, and assign them an accurate value.
• Settling debts and taxes. The executor is responsible for paying any outstanding debts, funeral expenses, and taxes owed by the estate.
• Distributing assets. Personal representatives must distribute the remaining assets to beneficiaries according to the terms of the will or Florida’s intestacy laws if no will exists.
• Providing an accounting. Individuals in these roles are required to provide an accurate and transparent accounting of all financial transactions related to the estate.

Not all personal representatives act in the best interest of the estate or its beneficiaries. For example, an executor may neglect to provide a detailed inventory or misplace assets, leading to disputes about what remains in the estate.

Other forms of executor misconduct include personal representatives misusing estate funds for personal expenses, failing to pay creditors appropriately, or prolonging the administration process unnecessarily. Unreasonable delays can cause financial and emotional strain for beneficiaries. Misconduct is a serious breach of fiduciary duty.

Steps to Address Personal Representative Misconduct

Requesting to see the accounting numbers is helpful. Beneficiaries have the right to demand a full accounting of the estate’s assets and transactions. Then, if misconduct is evident, you can petition the court to remove the Personal Representative and appoint a replacement.

If you suspect that a personal representative is failing in their duties, it’s important to act quickly to protect your rights and the estate. The first thing you should do is connect with a skilled Pompano Beach estate litigation lawyer. An experienced attorney can evaluate the situation, explain your rights, and advise on the best course of action.

Executor misconduct can jeopardize the integrity of the estate and deprive beneficiaries of their rightful inheritances. Legal representation ensures that Personal Representatives are held accountable and that the estate is administered properly. Professionals are available to guide you through the complexities of Florida probate law, protect your interests, and, if necessary, take legal action to remove or replace the Personal Representative.

Is it time for you to take action because you believe the Personal Representative isn’t fulfilling their duties? If you’re dealing with Personal Representative misconduct, don’t face it alone. Reach out to the experienced legal professionals at Mark R. Manceri, P.A. Experts are available to safeguard your rights and ensure the estate is handled with the care and transparency it deserves. Schedule a confidential consultation today.