Updates to Florida Probate Rules
- November 12, 2021
- ontarget
- Probate
- elder law, Florida law
- 0 Comments
The Florida Supreme Court adopted the Florida Bar’s Probate Rules Committee recommended changes to Florida Bar’s Probate Rules. What does this mean? It means there are now new laws regarding the Probate Administration of an Estate.
Why these rules are important
If you or a loved one need to probate a loved one’s estate, then these new laws could affect you. They may help you prevent an exploiter from becoming the Personal Representative and controlling the Estate. This gives you more ammunition and leverage to challenge a bad actor relative or acquaintance of the deceased from becoming the personal representative and controlling the Estate. Therefore, you may be able to prevent them from profiting further from the exploited elderly adult who is now deceased or from the disabled adult who is now deceased.
How these new rules work
In a Petition for Administration, there now must be a statement on whether the Personal Representative seeking appointment has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section 825.101 of Florida Statutes. This enables you to argue that the exploiter cannot be the Personal Representative, thereby preventing the exploiter from further profiting by controlling the estate.
Oath of Personal Representative
The new law also requires that, for the Oath of Personal Representative, there is an amendment that includes an affirmative statement that the personal representative has not been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or disabled adult. Again, this is another way that you may be able to exclude the exploiter from becoming Personal Representative and controlling the estate.
These new laws can help honest, caring relatives who must litigate against another relative who is an exploiter and bad actor. This is why you should make it a priority to learn more about these new laws if you need to probate an estate.
If you have more questions regarding a Probate Administration, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.