140 South Beach Street, Suite 310
Daytona Beach, FL 32114
(386) 257-3332

1002 East New Haven Avenue
Melbourne, FL 32901
(321) 821-2321

Personal Representative

Hello Heidi,

My name is Bill S. I am the youngest child of Tony and Ann S. We have never met, but from what I have seen and heard from my Dad, you have done some amazing things to help him. He has praised your efforts enormously to both me and my Brother Bob.

I wanted to reach out and send a quick note of appreciation for helping him through a very tough time. Although you may have not received much in the way of money for your work on this, (My Dad shared with me your bill), please know that you have made an enormous difference in our lives.

My Dad has been a “prisoner” in his house for a few years now, and the help that he has been able to get through your assistance, has been truly invaluable. I was down there last week and we had a few tough days. I am not sure what we have done without the assistance that you helped provide.

Thank you dearly for all you have done, you have truly been an angel for our family. God Bless You and your family!!!

~ Bill S.

Heidi brought ingenuity and intellect to our practice of law. She was always the “go to” person for handling difficult issues in a case. Heidi’s mastery over the law and all related issues was impressive. She epitomizes “grace under pressure”.

~ Erin Schaden

Ask Heidi: What is the role of the Personal Representative in Florida?

Personal Representative

For starters, some of you may find it helpful to know that a Personal Representative in Florida is the same thing as an Executor in many other states —Florida Law just chose the term Personal Representative.  A lot of times when I say that folks are like “ohhhhhhhh” and the a-ha moment occurs but if you’ve never dealt with either term this blog will hopefully clear up the basics.

A Personal Representative is responsible for gathering the assets of the Estate, protecting the estate property, preparing an inventory of the property, paying various estate expenses, paying valid claims [including debts and taxes] against the Estate, representing the Estate in claims against others, and eventually distributing the estate property to the beneficiaries. In the event the decedent passed away with a Will, the Will may often impose additional duties on the Personal Representative that are not required by law.   In all cases, the first thing the Personal Representation should do is contact an attorney to see what needs to be done [as well as what may not need to be done].

Here is a quick list of the responsibilities the Personal Representative will need to handle with the assistance of an attorney representing the estate:

  • Opening the Estate
  • Identify Assets of the Estate
  • Opening of the Estate Account
  • Provide Notice to Creditors
  • Preparation of an Estate Inventory and record-keeping during the administration
  • Filing of Tax Returns
  • Distribution of Assets and Closing the Estate

When choosing the Personal Representative for your Estate, it is critical to fully explain what comes with this responsibility to make sure they are up for the task. It is recommended to discuss your Estate Plan with an Estate Planning attorney in the State in which you reside to ensure your plan is draft correctly.  If you live in the Daytona Beach or Melbourne, Florida area, call my office for a free consultation.

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