If you are about to draft your West Palm Beach estate plan you are going to want to read this blog. One of the first things your probate attorney is going to ask is who do you want to be the personal representative? You should know though Florida has some rules about who can serve as a personal representative in West Palm Beach. Check out these four quick rules to determining can that person serve as your personal representative.
Rule #1 They Need to be 18.
- Often times you will draft your first estate plan when you are getting married or having your first child.
- If you are thinking that you want to appoint your son or daughter as personal representative keep in mind they have to be at least 18 to serve.
- The personal representative is going to have to enter into contracts and agreements on your estates behalf.
Rule #2 No Felons!
- This may seem obvious, do not have a felon act as your personal representative.
- In case you are considering it though you should know the West Palm Beach probate judge is probably not going to let a felon serve.
- What constitutes a felony?
- Anything that has a maximum punishment exceeding one year in prison is considered a felony.
Rule #3 They May Have to Live Here
- If you want to appoint a friend or non-relative as your personal representative in West Palm Beach you may want to make sure they do not plan on moving too far.
- In Florida the probate code is pretty clear that you have to be a Florida resident to serve as a personal representative.
- The exception is of course for family members.
- So if you are naming a long time family friend make sure you either name a back up personal representative or they do not plan on moving anytime soon.
- To be prudent why not do both?
Rule #4 You Can Appoint Multiple Representatives
- Often clients are concerned which child should they name as a personal representative.
- Naming one over the other could be the precursor to family fights and no one wants that.
- Did you know that you can appoint multiple personal representatives in West Palm Beach?
- These co-representatives need a mere majority to act, absolute unanimity is not needed.
Want to learn more about selecting a personal representative in West Palm Beach?