Duties of Personal Representatives (and Red Flags to Watch For)

Should someone pass away in Florida and leave behind a will, the person responsible for managing their estate is called a personal representative. These individuals are also commonly referred to as executors. They play a vital role in the probate process and have a legal duty to act in the best interests of the estate and its beneficiaries.

But while many personal representatives take this role seriously and carry out their responsibilities with care, others may neglect their duties or misuse their authority. Talk to a Palm Harbor estate planning lawyer if you have questions about the role or have concerns. Doing so will help protect an estate and its rightful heirs.

Personal Representative Responsibilities

A personal representative in Florida is appointed by the probate court to settle the deceased’s financial affairs. Identifying and gathering assets of the deceased is part of the process, including bank accounts, real estate, investments, and personal property. The representative will also pay valid debts and taxes owed by the estate.

Managing estate assets during the probate process is part of the process as well. Depending on the estate, this could involve maintaining property or overseeing investments. Providing accounting and reports to the court and interested parties is key too, showing how assets are managed and distributed.

Because of the trust and responsibility placed on them, personal representatives must act honestly, transparently, and in good faith. They are legally considered fiduciaries, meaning they must avoid self-dealing and always act in the estate’s best interest.

Red Flags That Something May Be Wrong

Unfortunately, not all personal representatives fulfill their obligations properly. Some make honest mistakes due to inexperience, while others take advantage of their position. Here are some red flags that could signal a problem:

• Lack of communication. Beneficiaries are kept in the dark about estate progress or can’t get answers to basic questions.
• Delays with no explanation. While probate takes time, long periods of inactivity or unexplained delays can be a sign of mismanagement.
• Missing assets. If estate property disappears or cannot be accounted for, it may indicate negligence or fraud.
• Failure to provide accounting. A personal representative who refuses to provide financial records or an inventory may be trying to hide something.
• Conflicts of interest. If the representative uses estate funds for personal gain or favors certain heirs over others, it’s a breach of fiduciary duty.

If you suspect a personal representative is failing in their role, it’s important to act quickly. A Palm Harbor estate planning lawyer can help you petition the court for information, request a formal accounting, or even seek to remove and replace the representative if necessary.

Are you dealing with a problematic personal representative? Estate representatives are key players in ensuring a loved one’s final wishes are honored. But when they don’t meet expectations, the law offers options to hold them accountable and protect what’s rightfully yours. Speak with the attorneys at Miaoulis Law if you have questions about a Palm Harbor, FL or Pinellas County, FL estate. Schedule a confidential consultation today.