Legal Question in Real Estate Law in Florida

Re: Personal Representative of a Last Will

She would have to file a waiver ands renunciation and you have to file a petition for probate.

Re: Personal Representative of a Last Will

She and any named successor personal representative in the will would need to sign a waiver of her/their right to act as personal representative. If you will be probating the will, which you will if there are assets titled in her name alone with no named beneficiary on the asset, the attorney assisting you in that process can easily prepare such a document.

Re: Personal Representative of a Last Will

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This is a relatively simple process. The petition should be filed naming you as the Personal Representative. The daughter can join in on the petition if you like. Together with the petition and other pleadings should be included a waiver or renunciation of the daughter's right to serve as personal representative. A court will honor her decision and name you as the personal representative, particularly if the daughter joined in on the petition.

Scott R. Jay, Esq.