Have you recently executed a West Palm Beach will? Did you appoint a personal representative? If you used a legal document web service you may want to make sure that your personal representative is fit to serve. Do you know what makes a person unfit to serve as a personal representative in West Palm Beach? Check out these four factors to consider in choosing your personal representative. Other wise the West Palm Beach probate division may be choosing pursuant to statute!
Factor #1: Age
- Did you elect a minor to be your personal representative?
- You better hope that they are at least 18 by the time they have to serve.
- In West Palm Beach a minor cannot serve as your personal representative so its not wise to elect one.
- What if you want your children to be your personal representative and after all you are not going anywhere soon right?
- How about instead you appoint someone fit to serve and later you can always amend your will through codicil or just make a new one!
Factor #2 :Mental Capacity
- You might think this goes without saying but I am going to say it your personal representative has to be mentally competent.
- How does this usually become an issue?
- For one often a couple will appoint each other as personal representatives and later lose their faculties.
- Consider appointing an adult child to remedy this issue.
- That way you can hopefully avoid appointing a mentally incompetent West Palm Beach personal representative who cannot serve.
Factor #3: Criminal Record
- Again you may think this goes without saying but you cannot appoint a felon in West Palm Beach to serve as your personal representative.
- Do you think that is a fair rule?
- What if they were convicted years ago?
- What if all your friends are all felons?
- That brings up a whole other list of issues that is to big for this blog but consider the company you keep.
Factor #4: Floridian or Family
- This is the rule that catches the most people off guard: you mean I cannot appoint my college roommate who lives in Wisconsin?
- No sorry.
- Now if your cousin lives in Wisconsin that is another concern.
- Point is the person has to either be related to you or domiciled in Florida.
- It’s always easier when the personal representative is in the jurisdiction anyways.
Want to know more?
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