Importance of Knowing Line Between Individual and Representative Capacity

After the death of her mother, Kathleen Kozinski, who was named as both trustee of a trust created by her mother and personal representative of her mother’s estate, filed a notice of trust and a petition for administration of the estate in two separate actions, which were then consolidated. Two beneficiaries filed a petition for review of Kozinski’s compensation as trustee and representative, but did not name or serve her personally.

In Kozinski v. Stabenow, a Florida appellate court held that Kozinski should have been served in her individual capacity and reversed the trial court’s denial of her motion to dismiss.

See Luke Lantta, Representative Versus Individual Capacity: It Can Make A Difference, Bryan Cave, Jan. 28, 2015.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.