1-561-514-0900 FREE CONSULTATION
News & Resources

Fourth DCA Probate Appeal: Personal Representative Seeks Clarification on What Will to Admit to Probate (Feb. 15, 2015)

Uncategorized • Jun 25, 2015
post about Fourth DCA Probate Appeal: Personal Representative Seeks Clarification on What Will to Admit to Probate (Feb. 15, 2015)

Have you been selected or appointed to serve as  personal representative for your relative’sWest Palm Beach estate? Did you know that when you are up against a wall and do not know how to proceed you can petition the West Palm Beach probate court for guidance?Experienced Palm Beach probate litigators know this is hands down one of the best ways to ensure that you are not liable.  Check out this recent case out of the Fourth District Court of Appeals to learn more.

Personal Representative Duties

  • Do you know what a West Palm Beach personal representative does?
  • A personal representative takes care to collect and distribute the assets of an estate after a decedent’s death.
  • The court will issue letters testamentary to the personal representative who will then have the authority to act on behalf of the decedent.
  • The personal representative may be asked to post a bond with the Court.
  • Do you know how to ensure that the bond is waived?
  • A personal representative in West Palm Beach also has to pay off all the debts in the proper order.
  • Do you know the order under Florida Statutes?
  • Do you know how to avoid being personally liable as a personal representative in West Palm Beach?
  • One easy way to avoid making bad decisions is simple: ask for help!
  • You may have been appointed an attorney to aide you as a personal representative.
  • Those guys will be able to help guide you but what happens when they do not know?
  • Did you know you could petition the court to direct you on a course of action?
  • Take a look at one personal representative in West Palm Beach who was not afraid to ask for help when she needed it.

Helfenbein v. Baval

  • A testator’s daughter serving as personal representative of his estate  brought an action in West Palm Beach probate court asking for clarification of which is the correct will to admit to probate.
  • There was a 1982 will and a 2007 will.
  • Clearly some issues existed with the new will, perhaps he lacked testamentary capacity?
  • Either way the Court was more than willing to help.
  • Experienced Palm Beach probate litigators do not know everything but when we are unsure we always ask.

Want to learn more?

Check out the entire case by clicking here.