How To Choose A Personal Representative For Your Will

A will is a legal document and once you have decided to start estate planning, it is a very effective legal tool. A will allows you to make sure that your loved ones inherit your property after you pass away. The contents of your will are very important, including the personal representative you choose. Your personal representative will administer the estate, take an inventory of your assets, notify creditors and interested parties, and handle many other legal duties.

Selecting a personal representative is one of the most important aspects of estate planning. There are many legal and personal factors to consider. Below, our Daytona Beach wills and trusts lawyer explains how to choose a personal representative you trust.

Legal Requirements for Personal Representatives 

Nearly any person who is over the age of 18 years old and lives in Florida is eligible for the role of personal representative. Minors are not eligible, nor are convicted felons. Your personal representative must also be able to physically and mentally handle the duties they will be expected to perform. If your preferred personal representative does not live in the state of Florida, they must be related to you either through marriage or blood to act in the role.

If you designate someone as your personal representative in your will, that document will rule. If you die intestate, meaning without a will, the probate court will assign a personal representative to your estate. The priority given to individuals in these cases are as follows:

• The surviving spouse,
• A person selected by the beneficiaries,
• The best-qualified heir as decided by the court, and
• Any other person capable to serve as a personal representative.

How to Choose Your Personal Representative 

There are many factors you should consider when choosing your personal representative. These include:

• Competency: When choosing a personal representative, you should select someone who is responsible and financially literate so they can navigate probate effectively.
• Trustworthiness: It is critical that you choose a person who will act in your best interests. They will, after all, be responsible for gathering, safeguarding, and distributing your property.
• Objectivity: Many people choose family members to act as their personal representative. However, if relatives have strained relationships, they may not be able to fulfill their duties properly.

It is essential that you take the above factors into consideration when choosing a personal representative. If they are not qualified, they may mismanage your will and your estate. In the worst of cases, they may commit fraud and transfer property to beneficiaries you did not include in your will.

Our Wills and Trusts Lawyer in Daytona Beach Can Provide Sound Legal Advice 

The personal representative you choose to name in your will is very important. If you choose the wrong one, it could actually harm your loved ones. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can provide the sound legal advice you need and help you choose a personal representative that will act in your best interests. Call us today at 386-252-5170 or contact us online to schedule a consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html