Nominated PR Unfit to Serve as Administrator — Pankauski Hauser Wins Under § 733.308, Fla. Prob. R. 5.120

Lawyers at Pankauski Hauser PLLC were successful in the Delray Beach Probate Court from keeping the named personal representative from serving as an administrator ad litem. Pankauski Hauser PLLC represents a brother who is involved in litigation against his mother and sister. When the mother passed away, we sought the appointment of an administrator ad litem in the mother’s estate, to represent the estate in the litigation which we filed in the Main Courthouse. The sister, who we sued, wanted to be named the administrator ad litem, arguing that she was the named Personal Representative under mother’s will – nominated under mother’s will. We objected, and set the matter for an evidentiary hearing. Our trial evidence, and cross-examination of the sister, were successful. The Probate Court found that our adversary, the sister, was “unfit to serve because she is or may be interested adversely to the estate and is hostile towards those immediately interested in the estate.” A copy of the order is available by emailing: amanda@phFlorida.com . If you are involved in evidentiary matters or hearings, or trials, including for the appointment or removal of a fiduciary, please contact amanda@phFlorida.com .