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Florida Probate Lawyers May Be Able to Remove the Estate’s Personal Representative by Petitioning the Probate Court, But How?

Uncategorized Jan 18, 2016
post about Florida Probate Lawyers May Be Able to Remove the Estate’s Personal Representative by Petitioning the Probate Court, But How?

Florida probate means Florida families fighting. What has your family Florida probate lawyer told you to expect from Florida probate litigation. Are they being responsive to your requests for information? Did you know that with the help of a Florida estate lawyer you may be able to remove the Florida personal representative. What to learn how? Check out this case from the Probate Court in Michigan. How would this play out in Florida?

Removing a Personal Representative

  • Removing an appointed personal representative requires estate litigation in Florida.
  • Just like when you hire a Florida will contest lawyer, any estate litigator in Florida should explain to you the facts of what is going on and what you are after in the Florida probate courts.
  • Estate attorneys Florida can petition a Court to remove a particular personal representative.
  • When do you think the Court will entertain such a motion?Probate attorneys Florida can offer guidance in this area but remember ultimately it is up to the Florida probate court to make the decision.
  • One good place to start is trying to prove misconduct.
  • Estate attorneys in Florida that represent the personal representative may paint the conduct a different way.
  • It will be your job to show there was actual misconduct.
  • How do you plan on getting that done?
  • Check out this case out of the Court of Appeals in Michigan.What can you learn from this probate appeal?

In re Estate of Warner

  • In this case the son of the decedent was petitioning the local probate court.
  • Do you know why?
  • He wanted to remove his step mother as the personal representative of the estate.
  • The man had died without a will.
  • In Florida this is referred to by the probate court and estate lawyers as dying intestate.
  • So what happens when someone dies intestate?Who serves as personal representative?
  • Florida’s probate code has statutes on that.
  • What do you need to know?
  • Do you think spouses are going to get preference?
  • It seems likely.
  • So how do you get the personal representative out?
  • Start by talking to an experienced Florida probate lawyer today.

Want to learn more?

Check out the entire case by clicking here.  

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