⚖️ Number six in the top Florida probate cases of 2025 is Sophia Mistrales v. Peter Mistrales, decided by the Fourth District Court of Appeals on August 13, 2025.
⚠️ This case shows how difficult it is to remove a personal representative (PR) once they have been properly appointed.
Sophia Mistrales was appointed as PR for her parent’s estate.
📝 Years later, other family members tried to remove her. They filed a petition, but it was withdrawn.
👨🏻⚖️ Even though the petition was withdrawn, the judge removed the PR on their own (called sua sponte).
⚖️ The appellate court found this was wrong.
👨🏻⚖️❗ And the judge’s decision was reversed by appellate court
💡 The key lesson: removing a PR requires strong evidence and proper procedure. A judge cannot simply remove a PR without facts showing misconduct or serious problems.
👉🏻 If someone wants to challenge a PR:
🔺 Gather solid evidence
🔺 File a properly noticed petition
🔺 Follow legal procedures carefully
⚖️ Mistrales v. Mistrales reminds everyone in probate: PRs have strong legal protections, and courts respect the authority given in the appointment. Trying to remove them without proper evidence or process is unlikely to succeed.
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