Broward Probate Court Reversed on Personal Representative’s Appeal of Order Appointing Probate Curator — November 25, 2015 4th DCA

A November 25, 2015 Florida 4th DCA opinion of a probate appeal is reading for all Florida probate litigation law firms and beneficiaries of Florida estates who are not getting along with other estate beneficiaries.  In Florida, many times a Florida trust lawyer will ask the probate court toappoint a curator to be like a temporary executor of the Palm Beach probate.  Appointing a Florida estate curator with a limited role is not uncommon among Estate Lawyers in Florida. So, what is the proper procedure for a Florida probate court to appoint a curator when there was already someone serving as estate executor, or what Florida probate lawyers call thepersonal representative of the Florida probate or the Florida estate?   Here is a November 25, 2015 Florida probate appellate opinion worth reading,  at this link: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2228.op.pdf

Personal Representatives Appeal Florida Probate Court’s Order Appointing Curator

• In this recent Florida estate case, a probate litigation attorney filed an appeal to a probate court’s ruling which appointed a curator to run the estate
• Estate of Wilensky is the name of the Florida probate case which saw estate attorneys Florida argue over the appointment of a curator, and what you should do with someone who was already the personal representative of the estate
• Generally, when a personal representative’s service or tenure ends, their probate attorney in Florida files a petition for discharge and perhaps a requeset to waive a formal accounting
• Do you know the difference between a curator, a Florida personal representative and anadministrator ad litem?
• Ask any Florida probate lawyer and they will tell you that these legal actors can each fill a specific role but all of them may not be needed to run a Boca Raton probate. After all, you don’t want your inheritance eaten up by curator fees, personal representative fees and Florida estate lawyers fees

Filing a Will Contest and Objecting to the Will in Florida Probate

• This probate case in Broward County, Florida dealt with someone objecting to the Florida probate and filing a will contest, arguing that the deceased person was really domiciled elsewhere, in Puerto Rico
• There were three prior wills.  Whenever there are multiple wills or prior wills and there is a will contest Florida, you and your Florida probate lawyers should consider thedoctrine of dependent relative revocation
• A petition was filed by a Florida probate litigation attorney, seeking the removal of the personal representative
• Have you been involved in a trial in a Florida probate court to remove the executor of an estate or the personal representative?  This is a full blown, evidentiary hearing or probate trial, which requires the introduction of evidence often in the form of live testimony, perhaps video taped deposition testimony and documents
• To learn more about this removal of a personal representative case in Broward County, and the will contest Florida as welll as why a curator may or may not be appointed, read the entire opinion from the 4th DCA of Florida’s appeals court right here:http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2228.op.pdf