Trust BCLP

Trust BCLP

appointment of personal representative

Main Content

What Makes A Personal Representative “Unsuitable” For Appointment Under The Uniform Probate Code?

February 14, 2013

Authors

Luke Lantta

What Makes A Personal Representative “Unsuitable” For Appointment Under The Uniform Probate Code?

February 14, 2013

by: Luke Lantta

James R. Franta named Roberta Peery as the personal representative of his estate.  But a Minnesota district court determined that she was “unsuitable” for appointment under the Uniform Probate Code.  In In re Estate of James R. Franta, the Minnesota Court of Appeals agreed.  Why wouldn’t these courts uphold the decedent’s intent?

Read More

Record Must Show Preferred Person Is Unfit If Another Is Appointed As Personal Representative

March 6, 2012

Authors

Luke Lantta

Record Must Show Preferred Person Is Unfit If Another Is Appointed As Personal Representative

March 6, 2012

by: Luke Lantta

Florida‘s Second District Court of Appeal just gave a reminder that, if you’re going to appoint someone other than the preferred person as personal representative of an intestate estate, you’d better have the record show that the preferred person is not fit to serve as personal representative.

In Bowdoin v. Rinnier, the appellate court reversed the circuit court’s appointment of Mary Rinnier, the decedent’s mother, as personal representative.  The problem?  The decedent’s surviving spouse had filed a petition for appointment.

Read More
The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.