Breach of Fiduciary Duty Claims Against Personal Representatives

Beneficiaries and “interested persons” of a probate estate often ask how they can challenge the actions of the Estate administrator (i.e. the “personal representative”).

Florida Statute (§733.602) provide that a personal representative:

• is a fiduciary who shall observe the standards of care applicable to trustees;

• is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate; and

• shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors.

Daniel A. Seigel has successfully prosecuted numerous cases challenging the actions of personal representatives, resulting in substantial financial recoveries for clients. Attorney Seigel is also frequently retained to defend the actions of personal representatives.

Some highlights include:

• Obtained the removal of an estate’s personal representative after demonstrating breach of fiduciary duty, and subsequently achieved a favorable settlement on behalf of the successor’s personal representative.

• Successfully defended personal representative in a lawsuit filed by a disinherited individual, who alleged that will was invalid (petitioner eventually filed voluntary dismissal).