How Can I Remove a Personal Representative?

When a loved one living in South Florida creates an Estate Plan, they name a Personal Representative who will manage and close the Estate after their death. Typically, the Personal Representative takes their responsibility very seriously and fulfills all their fiduciary and legal obligations. Unfortunately, there are situations when some Personal Representatives do not do this. If you are in a situation in which you believe a Palm Beach County or Florida-based Personal Representative is not fulfilling their obligations, you may be wondering what you can do about it.

If you are a beneficiary or heir of the decedent, you can seek the removal of the Personal Representative named in the decedent’s Estate Planning documents and request the appointment of a new one. Florida’s laws list specific reasons that are grounds for the removal of a Personal Representative. These include if the Personal Representative:

• Was not qualified at the time they were appointed to the position.
• Has a mental or physical condition that makes them incapable of serving, or the Court has determined that they have an incapacity to serve.
• Has failed to comply with Court orders.
• Maladministered the Estate, wasted its assets, or not accounted properly for the sale of any assets.
• Failed to “give bond or security for any purpose”.
• Was convicted of a felony.
• Had a conflict of interest with the Estate.
• No longer lives in Florida (if this was a condition of their original appointment to the role).[1]

Additionally, if the Will that named this individual as the Personal Representative is revoked, their appointment to this role is also revoked.[2]

The first step in removing a Personal Representative is contacting a law firm that has attorneys who specialize in probate litigation, like Huth, Pratt & Milhauser. Your attorney will file a Petition with the Court to request the removal of the Personal Representative. The Petition will include the reason for the removal and evidence supporting it. Once the Petition is filed, your attorney will inform all interested parties (heirs, beneficiaries, the Personal Representative, creditors, etc.) about the Petition. The Personal Representative will likely contact a probate litigation attorney of their own. Their attorney and your attorney will try to negotiate an agreement without going to Court. If the negotiation does not produce an acceptable result, your attorney will argue your case in Court and the Judge will determine if the Personal Representative should be removed. If they are removed, the Court will appoint a new Personal Representative or Curator and the existing Personal Representative will submit a final accounting of the Estate. Depending on the reason why the original Personal Representative was removed, they may face criminal charges as well.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas include planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

hpmlawyers.com

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[1] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

[2] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

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Suspension of CTA Compliance

On December 3, 2024, the US District Court for the Eastern District of Texas entered a nationwide preliminary injunction suspending enforcement of the Corporate Transparency Act (CTA) and its implementing regulations. 

It is important to note that this is only a preliminary injunction and the court has not made a final determination that the CTA is unconstitutional. 

What does this mean for you?

If you have already filed your BOI report, there is nothing further you need to do. Until further notice you will not be required to file updated reports if there are changes to the information regarding the beneficial owners. 

If you have not yet filed your BOI report, you may suspend your compliance efforts until further guidance comes from the courts or from FinCEN. It is likely that the government will appeal this decision.  

Although we will continue to monitor further developments regarding CTA compliance, we recommend that you do the same. 

The case is  Texas Top Cop Shop, Inc. v. Garland, Case No. 4:24-cv-00478.  If you would like to review the court order, you can find it here:

CLICK HERE TO REVIEW COURT ORDER

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