Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

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

I recently had the pleasure of working with Heidi at Heidi S Webb Attorney at Law. Heidi was incredibly helpful, knowledgeable, attentive, informative, pleasant, and especially caring. She took the time to listen and make recommendations based on my needs. Her office staff was dedicated, pleasant, compassionate, and kindhearted. I could not be more pleased with the services I received from Heidi and the professionalism of the office staff.

I highly recommend Heidi to anyone seeking guidance for Wills, Probate, Trusts, and Estate Planning. Thank you so much Heidi and I look forward to working with you in the future as needed.

~ Christine R

Should My Children be Co-Personal Representatives

Should My Children be Co-Personal Representatives in my Will?

Short Answer, NO. There should only be one Personal Representative in a Will – period. It is my experience that having two, especially siblings, causes many problems during probate. Clients sometimes ask me about this because they are afraid to pick between their children and do not want to create conflict. As a mother of three children, I understand this dilemma entirely, but I would still only have one Personal Representative named.

Having Co-Personal Representatives means all decisions must be made unanimously, and both must sign any documents that require signatures.

Meeting this requirement can create scheduling nightmares and even an outlet to get revenge on a sibling by being difficult.

All Personal Representatives are liable for any damage to assets or wrongdoing.

Presumably, no testator names a Personal Representative they believe will act without fiduciary diligence, but more Personal Representatives create more significant liability exposure.

Disagreements between or among Personal Representatives can cause delays in the probate process.

There are plenty of opportunities for conflict: who is taking on what tasks, how to manage property and assets, or how to handle family members.

You do not have to choose between your children as your children do not have to be chosen as Personal Representatives; other options can be considered —siblings, friends, or your attorney can serve.  In Florida, the only caveat is that your Personal Representative must be related by blood or marriage OR be a Florida resident.

Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with matters of Elder Law, Estate Planning, and Small Business Law. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi. 

Share this…