Being a Personal Representative In Florida is Not As Easy As It May Seem- July 20, 2016 Fourth DCA Appeal

What is a personal representative according to Florida law? What are the duties of a personal representative? What do I have to do if I am the personal representative of my mom’s Palm Beach estate? As a personal representative in Delray Beach, will I have to deal with lawsuits regarding the estate that I am left to administer? Check out this July 20,2016 appeal from the Fourth DCA where a personal representative is heavily involved in litigation for the estate.

Being a Personal Representative

• In Florida, we call the estate executor, who administers the estate of a deceased resident, the “personal representative.”
• The “PR” is typically “nominated” or listed in a last will.
• To get appointed means to be empowered by a Florida probate court.
• This is done by filing a petition for administration in the county where the deceased person was a resident.
• This petition is done when a will is filed, along with a death certificate
• What does the Florida estate personal representative do?
•  A personal representative is responsible for gathering the deceased Palm Beach resident’s assets, paying off the just and proper debts( including the final Federal Income Tax bill of the decedent), paying the expenses of the administration, and then distributing the estate assets to the probate beneficiaries.
• If you are the personal representative, know that you may encounter litigation.
• However, there are ways to minimize the litigation and potential liability, which you many encounter when serving in this fiduciary role.
• West Palm Beach probate lawyers can help you administer the estate smoothly, as they are very knowledgeable about Florida homestead, investing estate assets, paying creditors claims, and making partial distributions to estate beneficiaries.

Goheagan v. Perkins

• Here, the Personal Representative of the Estate of Molly Swaby “appeals from a final order denying the Estate’s motion for equitable distribution, and ordering the Estate to reimburse the Florida Agency for Health Care Administration(AHCA) in the full amount of its Medicaid lien.”
• This case is a great example of litigation that you could face as the personal representative of a Boca Raton estate.
• What is Florida Statute 409.910? Click here to read the appeal and find out.