09/28/2012 09:40:00 AM EST
Refusal to Follow Preference for Appointment of Personal Representative Was an Abuse of Discretion
In the case of Bowdoin v. Rinnier, 81 So. 3d 582 (Fla. 2d DCA 2012) [enhanced version available to lexis.com subscribers] the Decedent died intestate, leaving her husband, and a minor child as her sole heirs. Decedent's mother, filed a petition for administration seeking her appointment as personal representative. The surviving spouse filed a counter-petition for administration seeking his appointment as personal representative. After hearing, the trial court granted Appellee's petition notwithstanding husband's preference in appointment under § 733.301, Fla. Stat., because the trial court determined it was in the best interest of all parties to appoint the Decedent's mother as personal representative. On appeal, the Second District found the trial court's decision was an abuse of discretion. The Second District reinforced the proposition that statutorily preferred individuals should be appointed unless the record shows the preferred person is unfit to serve. In this case, the Mother produced no witnesses or evidence at the hearing to show the husband was unqualified to serve. The Second District Court therefore reversed the trial court's appointment of the mother and remanded the matter back to the trial court to conduct an evidentiary hearing to determine whether the decedent's husband was fit to serve as personal representative.
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