Are you a beneficiary to a will in West Palm Beach? Are you concerned about a personal representative’s misconduct? You may be able to petition the West Palm Beach probate court to remove the personal representative. If you want to learn more you should check out this case out of the Supreme Court of Alabama.
Personal Representative Misconduct
- Do you know what a personal representative is supposed to do in West Palm Beach probate?
- The personal representative is going to be issued letters testamentary by the probate court.
- From there this person appointed by the court has most of the powers of the person whose will is being administered.
- Think of the personal representative as a substitute person that manages the estate.
- What other jobs do they have?
- They will be in charge of collecting the assets and fairly distributing them.
- The personal representative also has to ensure that proper notices are delivered to all of the interested parties.
- Are you concerned about misconduct?
- This could be a personal representative showing favoritism to one or more beneficiaries as well as a host of other misconduct.
- You have a right as an interested party to file a petition with the probate court to remove the personal representative.
- Do you know what you will have to prove?
- Check out this recent case out of the Supreme Court of Alabama where a personal representative was removed for misconduct and lost on appeal!
Rogers v. Hansen
- A relative of a decedent filed a petition to remove the personal representative after she discovered that the will might have been procured through fraud and undue influence.
- Specifically the fraud and bad acts of the personal representative had brought about the fraudulent will.
- The trial court agreed with the petitioning party and had the personal representative removed.
- On appeal the former representative lost because he failed to file a bond.
- Want to remove a personal representative for misconduct in West Palm Beach?
- Experienced West Palm Beach probate litigators know how to get the job done.
Want to learn more about removing a personal representative?
Check out the entire case by clicking here.