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Estate Objections in Florida

In the News Dec 1, 2021
post about Estate Objections in Florida

Sometimes, to exercise your rights in a Florida probate, you have to file estate objections. This is particularly true with a surviving spouse . Why? Because a spouse has a lot of legal rights and options in a probate. Elections to make–or not make. What about compensation and attorneys fees? Yup, someone might object to them. A November 24, 2021 case discusses when one has standing in a Florida estate or probate to object.

Estate objections in Florida must have the proper form and be timely.

Estate Objections

What’s to object to? Things like: compensation of the Personal Representative, fees, costs and how the estate is being administered or how property is being managed. You have to object to an estate inventory before the estate is closed. But for other matters, you may have to object much sooner.

How Can I Learn More (What Do I Need to Read Right Now) ?

The Florida Probate Code is the set of statutes or laws which govern estates. Estates are those legal proceedings or entities which are created when a Florida resident dies. The person in charge of a Florida estate is the “Personal Representative.” What does she do?

A personal representative of a Florida probate does a lot ! They:

  • gather assets,
  • pay creditors,
  • pay estate administration expenses,
  • deal with any issues like litigation or
  • payment of final income taxes or
  • disputes, and then
  • distribute whatever is left.

And, sometimes, there is nothing left after all the expenses, debts, the decedent’s obligations and expenses of administration.

That’s right. The lawyers and the personal representative get paid before beneficiaries see a dime. Why? That’s what the Probate Code says.

If you want to read about the Florida Probate Rules, click this LINK. Now, let’s discuss estate objections and a recent appeals case. There is an appellate opinion from Florida’s appeals court in Miami-Dade County (the 3rd District Court of Appeal.)

Estate Objections and Standing

Standing is the legal ability or right to participate in a legal proceeding. To read more about legal standing, click here and here. To read about how to PREVENT someone with NO legal standing for getting involved in a Florida trust, estate or probate, click here.

The November 24, 2021 case of Duff-Esformes v. Mukal dealt with estate objections and standing.

Where’s the Money?

Every personal representative is supposed to file an estate inventory.

To read more about an estate inventory, click on Florida Probate Rule. 5.340.