There are typically three main parties involved in a Last Will and Testament document. The grantor, who establishes the document. The beneficiary, who receives the property and assets named in the document. And the executor, who manages and distributes the estate as instructed in the document. However, contrary to what you may assume, this document may still be considered valid and enforceable even without a named executor. With that being said, please read on to discover how a new executor of an estate might be appointed and how a seasoned Broward County wills lawyer at The Probate Lawyers can help you understand this legal procedure.
Why might there be no executor for a grantor’s estate?
A grantor may have done their part in explicitly designating an executor in their Last Will and Testament document. However, this preferred individual may no longer be capable of taking on this role. This may be because they sadly passed away prior to a grantor’s death, they have been diagnosed with a mental incapacity, or otherwise. Or, this individual may simply no longer wish for this commitment and reject their appointment. And so, it is very much possible to be left without a suitable executor if a grantor failed to name a successor executor and did not understand these realities enough to modify their will document while they were still alive.
Or, a designated executor may be valid on paper, but a grantor’s beneficiaries may not agree with the appointment. For one, they may claim that a grantor was not mentally sound or otherwise unduly coerced when naming an executor and enforcing their will document. Or, they may argue that an executor handles their responsibilities poorly once they assume the position. With such contention, the Florida probate court may have to intervene and ultimately decide to revoke an executor’s title.
How might a new executor of an estate be appointed?
The Florida probate court typically adopts an order of preference when appointing a new executor of an estate, based on the state’s intestacy laws. And so, this title is usually given to the surviving spouse first. If there is no surviving spouse, then it may be passed down to a surviving child, parent, or sibling. But if no surviving family members are willing or able to assume this position, they may open the discussion to the designated beneficiaries.
Hopefully, a majority decision is reached amongst the beneficiaries. If not, though, the court may have no choice but to hold a hearing to make an appointment. At this time, they may deliberate and use their discretion to name a suitable individual. This hearing also gives beneficiaries a platform to dispute or object to any individual’s petition to receive this appointment. This must be based on legitimate evidence and valid legal arguments against such.
In conclusion, you should retain legal representation before you even get close to hearing this court appointment. So please, contact a competent Broward County estate lawyer at The Probate Lawyers today.
