Has a relative recently passed and left a negligent or “shady” personal representative? Do you want to replace the personal representative? You may want to hear what a Tennessee Court of Appeals had to say about petitioning a court to remove a personal representative of an estate.
Selecting a Personal Representative
- When a person in West Palm Beach draws up their estate probate attorneys will include a section that appoints a personal representative.
- Usually a Palm Beach Probate litigator who is worth their weight in salt will have atestator consider several different factors in appointing a personal representative.
- For example, how close does the person live to where the estate will be probated?
- If you have two sons on in London and one in Delray Beach which do you think is in a better position to collect and manage your assets?
- Another consideration is responsibility.
- Does your Pompano Beach son have a drug or gambling problem?
- Do you think that is a good trait to have in a Palm Beach personal representative?
Removing a Personal Representative
- In certain instances a court may find it best to appoint a new personal representative.
- Can you think of any examples?
- The most common problems that may prompt a removal are accounting mischief, comingling of funds, pilfering (Stealing) from the estate, failure to file necessary documents (like tax documents), fraud and concealment of assets from beneficiaries.
- In order to have standing to petition a court to remove a personal representative you have to be an interested party.
- Do you know what an interested party is?
In re Estate of Schorn
- The Court of Appeals of Tennessee (in Knoxville) recently heard a case for the second time! This time it was based on a petition to remove a personal representative.
- Two siblings, citing accounting irregularities and other issues, eventually sought their brother’s removal from the personal representative position.
- The trial court agreed with the siblings and named a substitute personal representative so the brother who was removed appealed.
- The appellate court found that the trial court had properly acted within its discretion to remove the personal representative.
- Palm Beach probate litigators know that sometimes a personal representative is just “not working out.” When that time comes, petitioning for removal may be a perfect remedy.
Want to read the entire case and learn more? Here is a free version, click here.