A personal representative is the person responsible for managing a decedent’s estate upon her (or his) death. Typically, the personal representative is named in the decedent’s will, if any. However, in the absence of a will any who has an interest in the estate and would like to serve as personal representative can petition the circuit court to be appointed personal representatives. The personal representative has a number of duties that he must take care of before an estate can be closed and the assets distributed to the decedent’s beneficiaries. The probate court judge oversees the activities of the personal representative. However, on occasion disputes develop during the process of winding up an estate, resulting in claims of misconduct being filed against the personal representative. If you were named the personal representative of an estate and are faced with a dispute related to your responsibilities, contact an experienced Fort Lauderdale probate attorney.
Responsibilities of Personal Representative
The personal representative is responsible for all activities related to managing the decedent’s estate, winding up her affairs, and distributing asset to the beneficiaries. Those responsibilities include:
The personal representative is considered a fiduciary. This means that she is legally bound to perform her duties in an honest manner, for the benefit of the beneficiaries. Failure to do so may result in legal liability.
Claims Against Personal RepresentativesEstate litigation naming a personal representative as the defendant is also is often related to claims by beneficiaries, heirs, or creditors that the personal representative failed to carry out her duties properly. However, the personal representative will be involved in any estate disputes, as the personal representative is required to defend the estate against claims. Examples of litigation involving personal representatives include:
The probate attorneys in Fort Lauderdale at the Law offices of Stephen Bilkis & Associates have extensive experience defending personal representatives in complex probation litigation cases. We have the resources to vigorously defend a personal representative against breach of fiduciary duty claims, claims related to fees and accounting, and any other claims against the personal representative. If you need an attorney to defend a personal representative in Fort Lauderdale, contact the Law Offices of Stephen Bilkis & Associates. We have years of experience representing personal representatives, beneficiaries, heirs, and fiduciaries in a variety of estate matters. Contact us attorneys at 561-710-4000 to schedule a free, no obligation consultation regarding your case.