Personal representative removal can occur if one or more of the following 12 causes for removal exist. However, there are a few defenses that a personal representative can raise in order to prevent removal.
A personal representative can assert that the removal is barred because of statute of limitations, that the wrongdoing is allowed by the will, or prove that they did fulfill all of their fiduciary duties as a personal representative.
The main defense that can be presented by a personal representative facing removal is that he or she has fulfilled the fiduciary duties imposed by the Letters of Administration. The personal representative has a fiduciary duty to exercise loyalty and care. This defense revolves around the assertion that the personal representative has a duty to properly, and competently perform all accounting, administration and other duties required for the estate. It also requires the personal representative not to put his or her personal interests ahead of those of the estate.
As we said before, the personal representative can also claim the defense that the claim for removal is barred because of the passing of the statute of limitations to bring such a suit.
Another defense could be that language contained within the will provides exculpatory excusal for mistakes, bad acts, or errors committed by the personal representative when conducting accounting and/or other duties.
If you are in the process of Personal Representative removal and need a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.