The personal representative plays a vital role in managing and overseeing the probate process, ensuring the deceased individual’s wishes are carried out smoothly. In this part, we’ll take a closer look at the rules for becoming a personal representative and its eligibility criteria, specifically focusing on the disqualification of convicted felons.
Understanding the Personal Representative
In Florida, the term “personal representative” is used instead of “executor” as in some other jurisdictions. This individual is entrusted with the responsibility of administering someone’s probate estate. However, not everyone is eligible to serve in this crucial role.
Disqualification of Convicted Felons
One significant criterion that disqualifies an individual from serving as a personal representative is a prior conviction for a felony. While this might seem obvious, it’s essential to highlight the potential complications that can arise if this criterion is overlooked.
An Example to Illustrate
Consider a scenario where a probate estate was handed over to a law firm without proper vetting of the designated personal representative. Subsequently, upon appointment, it was casually revealed that the individual had a criminal history. This revelation led to complications, as the person was ineligible to serve in the capacity of a personal representative.
In such cases, it becomes imperative to rectify the situation promptly. The law firm had to approach the court, explain the oversight, and request the appointment of a qualified individual. This serves as a cautionary tale, emphasizing the importance of thorough screening before appointing a personal representative.
Restoration of Rights
One common question that arises is whether an individual with a criminal history, whose rights have been restored, can serve as a personal representative. Unfortunately, there is no clear-cut law addressing this issue. The eligibility may vary depending on the judge overseeing the case, making it a gray area. While it’s possible to try, there is no guarantee of approval.
In conclusion, understanding the criteria for selecting a personal representative is crucial to the smooth administration of probate estates in Florida. The disqualification of convicted felons underscores the need for diligence in the appointment process. Individuals considering serving in this capacity should be aware of the potential hurdles associated with a criminal history.
If you have any questions or would like personalized probate assistance, contact our experienced Florida probate attorneys at SJF Law Group today.
Probate Lawyers in Florida
At SJF Law Group, we expertly guide individuals through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. We work hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. When you work with the probate and estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind. As trusted probate and estate planning lawyers, we serve clients in the vibrant communities of Broward, Miami-Dade, and Palm Beach counties. To speak to one of our probate attorneys, please call our office at 954-580-3690 or email us at [email protected].