• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Following a will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

patriciay1

Junior Member
What is the name of your state (only U.S. law)? Florida If the Personal Representative has the Body Cremated and the will states "I direct that I not be Cremated" can the Personal Representative be taken off the will and the second Representative take over?What is the name of your state (only U.S. law)?
 


latigo

Senior Member
Florida Statutes Title XLII ESTATES AND TRUSTS Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

Section 733.504 Removal of personal representative; causes for removal.

"A personal representative may be removed and the letters revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law:

(1) Adjudication that the personal representative is incapacitated.

(2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties.

(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.

(4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required.

(5) Wasting or maladministration of the estate.

(6) Failure to give bond or security for any purpose.

(7) Conviction of a felony.

(8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative.

(9) Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code.

(10) Revocation of the probate of the decedent's will that authorized or designated the appointment of the personal representative.

(11) Removal of domicile from Florida, if domicile was a requirement of initial appointment.

(12) The personal representative would not now be entitled to appointment."
___________________________________

Do you see anything in that statute that would apply? I don’t.
 

Kiawah

Senior Member
Funeral arrangements would likely have been made by family members and carried out, prior to the will being produced and probate started with this person being named as PR by the court.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top