The personal representative’s duty is to distribute assets according to the decedent’s will or, if there is no will, according to the laws governing intestate estates. The personal representative does not get to decide how assets are distributed independently, which is essential for both personal representatives and other interested parties to understand.
Interested parties are sometimes opposed to appointing a specific personal representative because they believe that person will decide to distribute assets unfairly or refuse to give them their rightful share.
While there may be cases where there are legitimate concerns over a personal representative’s trustworthiness, some concerns may be eased by knowing that a personal representative’s role requires them to distribute assets according to the decedent’s wishes and the law.
A personal representative who distributes assets contrary to the will or the law could be required to take back or repay incorrectly distributed assets from their funds. But, keep in mind once assets are wasted, the personal representative may not have the means to reimburse the estate even if they are found to have mismanaged the estate.
It would benefit you to chat with a Probate Lawyer Colorado Springs resident trust. The Colorado Springs Probate attorneys at Baker Law Group have many years of experience serving their clients in probate matters.
