Q: Can u be a PERSONAL REPRESENTATIVE OF PROBATE (No will) if u have a drug charge ADJUDICATION WITHHELD?
Drug charge is 12 years old. Adjudication withheld, NOT A CONVICTED FELON. Applied for and granted a CONCEALED CARRY PERMIT 1 year ago from state of Florida.
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A: Yes, a person with a drug charge adjudication withheld can be a personal representative of a probate estate in Florida. There is no specific law that prohibits it. However, the probate judge may consider the person's criminal history when making a decision about whether to appoint them as the personal representative. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
Phillip William Gunthert agrees with this answer
A:
If this is in Florida I would encourage you to speak with a Florida Probate Attorney regarding all of the overriding circumstances of the pending probate. Is there a Will, are there other candidates in the Will, is there is dispute and so forth. Generally, if no one opposes you and no one is contesting your qualifications and ability to serve this should not be a problem, if other siblings or interested parties want to make an issue of it and make it difficult, they potentially can. The rule per statute generally is below in Florida Statute 733.304:
In order to be a personal representative, a person must:
Have no prior felony convictions. A felony charge is not enough to disqualify a person from acting as a personal representative. Only a conviction will disqualify them.
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