Removing Personal Representative

[fldaughter]

My Mother (florida resident) has named as executor of her estate/ last will and testament a woman who was charged with a felony (actually charged with 3 felonies) . concerning fraud, fasification of records, bid tampering. The woman is a grifter. Her criminal case was disposed with an order of "Adjudication witheld" on these charges. I understand that if a person in the state of florida has been CONVICTED of a felony they are not qualified to act as personal representative. But what if- as in this case the order is adjudication witheld? Needless to say my brother and I do NOT believe the executrix our mother appointed is trustworthy. Our question is- is she legally qualified to act as Personal Rep? What is the process for having her removed? Thank You so much for your assistance. We truly appreciate it

 

[army judge]

My Mother (florida resident) has named as executor of her estate/ last will and testament a woman who was charged with a felony (actually charged with 3 felonies) . concerning fraud, fasification of records, bid tampering. The woman is a grifter. Her criminal case was disposed with an order of "Adjudication witheld" on these charges. I understand that if a person in the state of florida has been CONVICTED of a felony they are not qualified to act as personal representative. But what if- as in this case the order is adjudication witheld? Needless to say my brother and I do NOT believe the executrix our mother appointed is trustworthy. Our question is- is she legally qualified to act as Personal Rep? What is the process for having her removed? Thank You so much for your assistance. We truly appreciate it

Why do you care what your mother does?


Sent from my iPad3 using Tapatalk HD

 

[guestpost]

Long story- here goes: My sister suffered a spinal cord and traumatic brain injury in a car accident 27 years ago. There was a settlement awarded to our parents at that time which provides for her care . Fast forward...Our elderly mother befriended "Suzy" about 7 years ago. Our family embraced her as our own. In retrospect we didnt know much about her. My father passed 2 years ago. During those 2 years Suzie has essentially taken up residence in my mothers home. Our mother entrusted her- (in fact we all did) added her to bank accounts etc. Currently there is money unaccounted for and expensive jewelry missing.

2 months ago the long-term care facility my sister is in contacted me in reference to payments in arrears. I brought them current (to the tune of 17k) and can hang in there for a little while but am getting more than a little concerned about what is going on and what will happen in the event of Moms passing. "Suzy" who apparently is now writing checks for our mother has assured us all this was an oversight on her part (???????) I don't know what to do. Out of four kids I'm the only one in Fl and I'm the only one who looks in on Angie (disabled sister) and my Mom.

Up until my fathers passing I was the executor for my parents. There was no falling out, no family problem- just a conversation wherein my Mother advised that her friend would be executor upon her passing.

At the time- i was battling breast cancer and that news came as a relief... That when the time came someone else would be charged with the task of administration of the estate. Considering my own diagnosis it seemed wise on all fronts. None of us kids had any issue with "Suzy" being named as personal representative. Our mother trusted her and we did too-until we were told about her record by a concerned neighbor as well as her being named in another more recent lawsuit stemming from her involvement in a fl based Ponzi scheme. Our heads are spinning. Don't know where to turn- yes... I know we probably need an attorney. Before I blow 5-10 k (just for startes) on a friggin lawyer to retain counsel (that I'm probably going to need to cover my sisters care) Id love to know what- if any thing I can do to protect our family from someone who we believe has less than honorable intentions.

 

[Unregistered]

Inform your mom to have her revoked, " as the Personal Rep". If your monm has passed on before this could be done; go online and look up your state's State Statues. Go under ESTATES AND TRUSTS (Chapter 733 in Fla) PROBATE CODE: ADMINISTRATION OF ESTATE". Then look for removal of Personal Rep. Good Luck with your quest.