When beneficiaries think that there are grounds for removal of a Miami personal representative, the personal representative may assert the following defenses in estate litigation matters pertaining to a personal representative’s removal for cause including the following:
• The fiduciary performed customary duties within the boundaries of the decedent’s will or trust
• The claim was made past the statutory deadline and therefore is tardy
• The language under the trust or will contains exculpatory clauses or self-executing accounting provisions excusing bad acts, mistakes or errors by the personal representative
If you are a personal representative who needs legal counsel to defend you in an estate litigation matter, you should seek legal advice from a Miami probate and estate attorney immediately. Give us a call at (786) 522-1411.