Wills, Probate

Trusts, Estate Planning

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

Personal Representative

I used Heidi Webb to update my Revocable Trust, Will, and LLC after the passing of my wife. I can not say enough good things of her service. She was very attentive to my needs during a difficult time and offered very good advise on how I should have things updated. She is very knowledgeable in this area of law. She always took the time to listen and make recommendations based on my needs. She even took the time to meet with my son who is the executor of my will to explain everything that he would be responsible for after my passing which was important to me and my son. She made me feel very comfortable whenever we met and explained everything in language that I would understand. I would be remiss in not stating that her staff is outstanding and always followed up with my calls. I would highly recommend her and staff for all of your legal needs.

~ John W

Gratitude and our deepest respect to Heidi Webb and her dedicated staff in bring our 12 year old Estate Plan with a Revocable Trust up to date. We really appreciated our time spent with Heidi in the review and final presentation of our Estate Plans. Again, Our THANKS to Heidi and her devoted Staff for a job well done.

~ Ray H

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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