1-561-514-0900 FREE CONSULTATION

Does a Person Who is Nominated as Personal Representative, in a Florida Will, Have a Duty to Act Prior to Appointment?

Uncategorized • Nov 19, 2018
post about Does a Person Who is Nominated as Personal Representative, in a Florida Will, Have a Duty to Act Prior to Appointment?

A February 21, 2017 First DCA opinion, Depriest v. Greeson, as Personal Representative of the Estate of Christian W. Schnitzspahn discusses whether or not Florida’s dangerous instrumentality doctrine makes the estate vicariously liable for damages, when the damages occurred after decedent’s death but before the appointment of the personal representative.

Here, the decedent had lived with his daughter and had his car at her house. After decedent died, but before the personal representative was appointed, the daughter drove decedent’s car and got into a car accident. Is the estate vicariously liable for the damages caused by the daughter while driving the decedent’s car? The First DCA said the estate was not liable. This is because the personal representative had not been appointed by the Florida probate court yet. The person named as the personal representative in the decedent’s Florida will was the decedent’s stepson. However, the stepson had not yet been appointed as personal representative by the probate court. According to Florida Statute 733.608, “upon appointment by the court, the stepson in his capacity as personal representative would have the right to control the assets of the estate as authorized by Decedent’s will and the law.” This would mean that the stepson would have the right to remove the decedent’s car keys and car from the decedent’s daughter’s house in order to prevent her from driving it. However, since the stepson was not appointed at the time of the accident, the stepson had no duty to do this. To read the entire case, click here.