Legal Question in Wills and Trusts in Florida
My mother, who resided in Florida, named her attorney as her personal representative. She died last July and so far the attorney has not probated her estate because he says he cannot do so without being retained. If he is the personal representative, isn't he supposed to probate her estate without being retained?
3 Answers from Attorneys
Based on the information in your question, the answer is not necessarily. A person named as personal representative is not compelled to serve. The delay in probating the estate is questionable. Suggest you talk to the attorney to determine his terms for serving as PR; if not satisfactory to the family, discuss with another attorney. The named attorney has no absolute right to serve as PR, but an estate should be probated in a timely manner.
I agree with Mr. Martin. Perhaps there are not enough assets to probate the estate
Someone cannot be forced to serve as PR. However, if the attorney does not wish to serve without a retainer, then you can request him to renounce his right to serve and seek someone else who may. His refusal to serve without a retainer is not a valid reason to delay administration as may be needed.
As to whether it's worth it, that may make a difference on whether to go forward or not.
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