The Personal Representative of the Estate is the person, bank or trust company appointed by the court to be in charge of administering a decedent's estate. If the decedent had a valid Will, the court will appoint the person named in the Will to serve as the Personal Representative.
There are some qualifications that the Personal Representative must meet in order to serve:
- They must be a resident of the State of Florida
- They must be a spouse, parent, sibling or other close relative of the deceased
- If a trust company will serve as Personal Representative of the Estate, it must be incorporated under the laws of Florida
- In order for a bank or savings and loan to serve, it must be authorized and qualified to exercise fiduciary powers in Florida
Court Appointed Personal Representative
If the decedent did not have a Will, or it is lost or determined to be invalid, the court will appoint a Personal Representative of the Estate. A surviving spouse is the first choice to serve as the Personal Representative. If the decedent was not married or the spouse declines to serve as the Personal Representative, then the surviving heirs can elect a Personal Representative.
The Personal Representative of the Estate is responsible for initiating probate proceedings. If there is no valid Will then any creditor or beneficiary of the estate can initiate the Probate process.
Some of the duties that the Personal Representative of the Estate are responsible for include:
- Identifying which of the decedent's assets are probate assets
- Publishing a "Notice to Creditors" in the local newspaper that informs potential claimants that they should file claims against the estate
- Pay any valid claims and object to claims that are not valid
- File any final tax returns and pay any remaining taxes due
- Ensure that the statutory amounts are paid to the decedent's surviving spouse and family
- Distribute the remaining assets to the beneficiaries
When Do You Need a Probate Lawyer?
If you are appointed to serve as the Personal Representative of the Estate you should have a probate lawyer to assist in administering the estate. Even the simplest probate proceedings will have legal issues arise which will be unfamiliar to non-attorneys. One of the purposes of probate is to make sure that creditors have the opportunity to file claims against the estate and an attorney who knows Florida Probate Law can help ensure that you fulfill all of your responsibilities under the law.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.
Brain Injury Types
The type of brain injury that is inflicted depends on the location of the brain that was the recipient of trauma. Some types of brain injuries include:
· Diffuse axonal brain injury - caused by shaking of the head or a strong rotation of the head.
· Concussion brain injury – typically results from a blow to the head; blood vessels often become stretched and damage is inflicted on the nerves.
· Contusion brain injury – also known as "bruising" on the brain; usually the result of direct impact to the head area.
· Recurrent traumatic brain injury – refers to a brain injury that is inflicted before an existing brain injury has healed.
· Coup/countercoup brain injury – contusion is inflicted on one side of the brain and on the adjacent opposite side at the same time.
· Penetration brain injury – occurs when foreign objects enter the brain.
· Locked in syndrome brain injury – rare but serious brain condition where the eyes remain the only movable part of the body.
Detecting Brain Injuries
Further complicating a brain injury is the fact that the injury often goes undetected and thus untreated, especially if there is no visible trauma or injury to the victim's head. Oftentimes, victims are unaware that they have received a brain injury, and brain injuries may disguise themselves from even the most highly trained medical eyes. For this reason, it is important that all potential victims of brain injury seek out medical evaluation from a professional who is trained specifically in detecting brain injury. A brain injury is a serious condition. Many brain injuries will never heal and can drastically affect the cognitive functioning of the person, as well as many basic functions that the victim must carry out. These limitations due to brain injury can be temporary, but unfortunately, many of them are permanent and irreversible.
Brain Injury Signs
Neurological impairments from brain injury typically manifest themselves in common ways. The victim may feel anxious, nervous, or have a change in their normal behavior. For instance, the person may feel totally uninhibited and impulsive, or they may find it difficult to control the urges that they have. They may have blurred vision or even double vision, or find it hard to concentrate or form complete thoughts. The victim of brain injury may suffer memory loss, or feel dizzy and off balance. Slurred speech, stiff muscles, and seizures are also common among those who have suffered a brain injury. And perhaps more alarmingly, some people who have suffered a brain injury may exhibit no symptoms or signs whatsoever – which is why anyone who may possibly have a brain injury should be examined closely by an experienced neurologist.
