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: Florida Estate Planning Lawyer BlogCourt Must Have Reason to Deny Will's Appointment of PR
By David M. Goldman
Hemandez v. Hernandez, 946 So.2d 124 (Fla. 5th DCA January 19, 2007)
A trial court refused to appoint the decedent?s son as personal representative, despite the fact the decedent had nominated a son in his last will, instead appointing an unrelated attorney. The only basis for the courts ruling was that there was animosity between the nominated personal representative and his brother. Citing the absence of any evidence that the nominated personal representative does not meet the statutory criteria to qualify, and that there are no other "exceptional circumstances," the appellate court reversed the trial court.
Full post as published by Florida Estate Planning Lawyer Blog on March 26, 2008 (boomark / email).
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