Challenging an Action of a Florida Executor
Can you challenge a Florida Executor based on actions that he/she may have made before they were appointed?
Challenging the Action of a Florida executor. What if they did something before they got appointed to run the Florida Estate. Hello my name is John Pankauski, I’m a estate litigation attorney at Pankauski Hauser in West Palm Beach.
The litigation attorneys and appellate lawyers at our law firm handle matters throughout the State of Florida but we limit our practice to litigation trials and appeals involving Trusts, Estates, Probates, Guardianship’s and Business Relationships and Entities.
So what if you are involved and estate lawsuit or some type of inheritance fight and that’s going on and one of the question comes up about somebody who’s running the estate, the executor or personal representative who did something before the court appointed them. Is that a proper and can you challenge that. Well there’s a specific statute on point that you need to know about before you sue your Florida executor.
Read 733.601 that’s a part of the Florida probate law, the Florida probate code and that specifically speaks to the duties and authority of an executor, a Florida personal representative and their ability to do things prior to the time they were appointed by a court. Now remember, if you are an interested person in the Florida Estate, you’ll be getting notice of either a petition for administration or notice of administration. If you don’t want someone to serve as personal representative or Executor of that estate, don’t stay silent. The law doesn’t help those who remain silent, the law helps those who act and speak out and request assistance from a court. So talk to your Florida probate lawyer about answering that notice of administration so you can file whatever court papers you need to file.