Should I Choose My Adult Child as My Personal Representative in Aventura?

Your personal representative plays an important role after you are gone, overseeing the administration of your Last Will and Testament and ensuring that your beneficiaries receive their assets. Although there are many potential candidates who may fill this role, you may want to select your adult child. What are the pros and cons of this approach? Can an experienced Aventura estate planning lawyer help you choose an appropriate personal representative?

The Benefits of Choosing Your Adult Child as Your Personal Representative

There are several advantages to choosing your adult child as your personal representative. Perhaps most notably, your adult child will probably outlive you. It may not make sense to choose someone who is older or the same age as you, since a personal representative must be alive and mentally capable to carry out their duties. Since your adult child is a generation below you, they are unlikely to be deceased or mentally incapacitated by the time you pass away.

Many testators also choose their adult children because they feel they can trust these individuals. Although certain professionals can take on this duty instead of a family member, you may feel uncomfortable with placing so much power in the hands of someone who is not a blood relative. An adult child is likely to be familiar with the complex dynamics of your family, and they may be less expensive than a lawyer or a bank representative.

Finally, an adult child is usually one of the only choices for those who wish to comply with Florida law. Under these laws, you must choose a personal representative who is related to you by blood if they live outside of Florida. Since many people retire in Florida, your entire family may live outside of the state. You can choose a non-family member, but they must be a Florida resident.

The Potential Downsides of Choosing an Adult Child

Although you may feel comfortable with your adult child taking on this responsibility, your son or daughter may feel less confident about the whole arrangement. The duties of a personal representative can be time-consuming. Not only that, but even a small mistake can cause major issues for your adult child.

The personal representative is legally liable for certain errors, which means they could face lawsuits after you are gone. Their familiarity with your family dynamics may also be problematic, as they may have their own scores to settle while acting in a biased manner.

Can an Aventura Estate Planning Lawyer Help Me?

At the end of the day, you are free to choose any personal representative you think will perform their duties well. An adult child could be a perfectly valid choice. That being said, it makes sense to become aware of the potential pros and cons of this choice before you make your final decision. While internet research is a positive starting point, a conversation with an Aventura estate planning lawyer allows you to discuss your family’s unique circumstances in more detail. Continue this conversation by contacting 411 Probate at (954-888-1747) today.

Source:

 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.302.html