Removing a Personal Representative in New Port Richey

There are many reasons family members and other interested parties may wish to remove a personal representative during the probate process. State law outlines many of these reasons, including physical or mental incapacity, a felony conviction, failing to comply with court orders, and more. The process of removing a personal representative is not always easy.

First, it is important to note that only people with an interest in the estate can ask the court to remove a personal representative. If you are not an heir, beneficiary, creditor, or have another connection to the estate, you cannot petition the court for removal. Below, our New Port Richey personal representative estate lawyer explains the process in greater detail.

File the Petition with the Court 

To initiate the lawsuit known as an adversary proceeding, you must file the petition with the court administering your loved one’s estate. The petition is the Petition for Removal and essentially asks the judge to remove the personal representative from the position. The petition must also be served to the personal representative, which can be done through the sheriff’s office or a process server.

Prepare for the Hearing

Petitioning to remove a personal representative follows the same process as other legal procedures. You must collect evidence to support your allegations against the personal representative, and be prepared to testify regarding your reasoning. This is all to convince the judge that the personal representative should be removed. As you prepare for the hearing your attorney will go through the discovery process, exchange documents with the other side, and take depositions.

Discuss Options

Before taking the matter to court, your lawyer may negotiate an agreement to satisfy both parties. For example, the personal representative may agree to remove themselves from the position if they are protected from paying damages. Or, they may allow their attorney to handle future legal matters and close the estate.

Attend the Hearing

If the personal representative will not comply with requests from loved ones, or refuses to change their behavior, a hearing will be held so the judge can review the evidence. At the end of the hearing, the judge may remove the personal representative, deny the removal request, or set a trial date. If the personal representative is removed, they may also have to pay damages if they caused the estate to suffer unnecessary losses.

Our Personal Representative Estate Lawyer in New Port Richey Can Help Your Family

Families entrust personal representatives with many duties and it is critical that these are carried out properly. Unfortunately, there are times when personal representatives may make mistakes, or act intentionally to defraud the estate. If you believe that your loved one’s personal representative should be removed from the role, you need legal help. At Messina Law Group, P.A., our New Port Richey personal representative lawyer can provide the legal advice and prove your case so your family can start moving forward. Call us today at (813) 492-7798 or fill out our online form to schedule a consultation and to get the legal advice you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.504.html