Legal Question in Wills and Trusts in Florida

what happens when the designated executor of a will recuses themselves because of ailing health and there is no second executor appointed?


Asked on 11/01/18, 6:19 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

there are no executors in Florida. There are personal representatives. The Court is charged with responsibility to appoint a replacement. either a family member or a professional administrator such as an attorney

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Answered on 11/01/18, 6:26 am

I agree with Attorney Stein. To add to his response, another heir or beneficiary can Petition to be Personal Representative if the only one named is unable or unwilling to be the Personal Representative. The Court has the ultimate say--it will first look at the Will for the person named as preference; the burden to show that the person named is unable or unwilling to be the Personal Representative falls on the Petitioner.

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Answered on 11/01/18, 7:51 am


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