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What’s Wrong With This Picture? NY Attorney Names Himself As Personal Representative For A Florida Resident

By Phillip B. Rarick,  Esq., Miami Probate Attorney

We have written about this issue in the past, but it is one that keeps popping up.   Here are the relevant facts.  Note: I have changed some facts to avoid disclosure of private information.

Recently, we reviewed a New York will where the drafting attorney named himself and his client’s CPA as Personal Representative for the estate. Neither the attorney nor the CPA were blood related to the client and neither were residents of Florida.

Time Out for Note:   As you likely know, the Florida Bar Association does a good job of protecting home turf.  (Some say too good – but that is an issue for another day.)

Upon the client’s death,  neither the attorney nor the CPA were qualified to serve as the Personal Representative (“PR”).   Florida law states you cannot serve as PR  if you are not a blood relative and not a Florida resident.  See our ReportWhen Can A Non-Resident Of Florida Serve As The Personal Representative For A Probate Estate?

So, in this scenario, who is qualified?    According the F.S.733.301, preference goes to:  “The person selected by a majority in interest of the persons entitled to the estate.”  The beneficiaries holding the majority of interest in the total value of the estate were the ones entitled to preference.

For more information contact Phil Rarick, Miami probate attorney, with Rarick & Beskin, P.A. at (305) 556-5209 or info@raricklaw.com

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami probate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

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