The son of my ex husband is going to be the personal rep when probate opens( no will).He is not capable of these duties ( has a felony on his record ) and on drugs. His stepfather is really the one who stepping in and running things . Can he do that ? My ex has a sister whom I think no the stepfather . Thank you
A person with felony cannot serve as PR in the state of Florida.
A PR that can serve can seek the help of others.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
An individual with a felony may not serve as the Personal Representative of an estate. If he is appointed, you can immediately challenge his appointment since he is not qualified under the Florida Statutes. You may want to file something with the court to prevent him from being appointed.
A Personal Representative may engage individuals to assist him/her with the duties. Typically an attorney, accountant and real estate agent may be engaged by them.
Please feel free to contact me with any questions you may have moving forward.
This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
In Florida, a convicted felon is not qualified to serve as personal representative of a probate estate. An interested person in the probate could petition the court to have him removed.
Otherwise, a personal representative may seek the help of others in the administration of the estate. However, no one but the PR has the authority to access assets, sign court documents, etc.
If at any time an interested party feels the PR is not doing his/her job properly, they can petition for his/her removal. A competent Florida probate attorney should be contacted if a beneficiary or other interested party feels their interests in the estare are not being protected.
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