Legal Question in Wills and Trusts in Florida

Is it really legal or ethical for a Florida attorney to become personal representative of an estate through his employee/paralegal who is the daughter-in-law of the decedent, a few days before death, when the decedent had another attorney for the a decade, and while she was heavily medicated? Is it legal for this paralegal married to one of the beneficiaries to 'handle the estate", keeping her husband informed, and the other beneficiary not?


Asked on 2/07/11, 6:31 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

If she lacked testamentary capacity due to the medication you may contest the will. Testators are free to choose their fiduciaries and beneficiaries. The fiduciary should keep everyone informed.

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Answered on 2/08/11, 6:24 am


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