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Removal of Personal Representative/Trustee

Removal of Personal Representative and related Probate (Estate) and Trust Litigation in St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County, and surrounding West Florida areas.

Under Florida law, a personal representative of an estate may be removed for several different reasons. A personal representative is a fiduciary of the estate, meaning that they have certain duties to administer the estate faithfully and in accordance with the wishes of the decedent. If the personal representative is not acting in accordance with the fiduciary duties required, Florida law has procedures in place to remove that person. The most common reasons for removal of a personal representative are as follows:

  • Physical or mental incapacity.
  • Failing to comply with a court order or to account for the sale of property.
  • Waste or maladministration of the estate.
  • Conviction of a felony.
  • Insolvency.
  • Conflict of interest.
  • Failing to provide a bond or security for any purpose.

To remove a personal representative, an interested person (meaning a beneficiary or potential beneficiary of an estate) must petition the court to do so based on one of the foregoing reasons.

If you have concerns about a personal representative, please contact our office, as our attorneys routinely deal with estate (probate) and trust disputes regarding personal representatives in the courts of St. Petersburg, Clearwater, Tampa, Sarasota and the surrounding West Florida areas.

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