Florida Statutes 736.0303 – Representation by fiduciaries and parents
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 736.0303
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Trustee: A person or institution holding and administering property in trust.
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) A guardian of the property may represent and bind the estate that the guardian of the property controls.
(2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal.
(3) A trustee may represent and bind the beneficiaries of the trust.
(4) A personal representative of a decedent‘s estate may represent and bind persons interested in the estate.
(5) A parent may represent and bind the parent’s unborn child and the unborn descendants of such unborn child, or the parent’s minor child and the minor or unborn descendants of such minor child, if a guardian of the property for the unborn child, minor child, or such child’s descendants has not been appointed.