Justia 10
Rated for Super Lawyers by Thomson Reuters
Rated by Avvo
James Martin AV Preeminent 2022
Board Certified in Real Estate Law by The Florida Bar

The Need To Be Appointed Before Acting After Someone’s Death

James W. Martin

It’s happened more than once. A Florida resident dies. A family member finds the will, sees his or her name as personal representative (executor), and starts giving away furniture, cleaning out the house, etc. Unfortunately, doing these things might create personal liability. That’s because the person named in a Florida will as personal representative generally has no right to start acting until the probate court appoints him or her to the office of personal representative.

The same thing applies when the person is named successor trustee of a trust, except instead of a court appointment the person generally accepts the position of trustee by a written acceptance.

In either case, it’s best to have a Florida lawyer prepare the legal documents for appointment and acceptance.

Get in Touch

Fill out the contact form or call (727) 821-0904 to schedule your free consultation.
  1. 1 Free Initial Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Pinellas County, Florida Probate Attorney

Leave a Message