Florida Administrator Ad Litem + Conflicts of Interest
When should a Florida probate court appoint a Florida administrator ad litem? A recent Miami Dade Appeals Court case discusses this issue. If you are involved in a probate that involves conflicts of interest with the executor, read on. We have previously provided free, helpful FLORIDA PROBATE VIDEOS on similar topics, INCLUDING conflicts of interest in Estates.
Estate Conflicts of Interest
We all know that a personal representative runs the Florida estate. But what do you do if the personal representative has a conflict of interest? Generally a conflict of interest arises when the Florida Personal Representative’s duties to estate beneficiaries and family members conflicts with her own personal, or individual, interests. A common example is when the Personal Representative wants to buy an estate asset. She has a DUTY to get the best or highest price. But she, personally, may want to pay as little as possible. What do you do when there are MILLIONS in the estate? To read about an executor’s duties, click HERE. When that occurs, experienced probate litigation attorneys may ask the probate judge to appoint a Florida administrator ad litem. But what’s that role?
Florida Administrator Ad Litem Role
The Florida Probate Rules discuss the role of an estate administrator. It’s common to appoint one when there are conflicts of interest. Or, sometimes if you need a temporary person to run the estate. Additionally, one may be appropriate if there are “dueling” petitions for the appointment of a Personal Representative. After all, if everyone is fighting, some ONE needs to run the estate. Read Rule 5.120. And don’t forget to read the Florida Probate Code by clicking HERE.
Recent Case
On July 14, 2021, the 3rd District Court of Appeal issued its opinion in the Estate of Lif. To read the Florida administrator ad litem opinion, click HERE. The facts in that Miami Dade probate were common. A second spouse was appointed personal representative under the will. An adult child from the decedent’s prior marriage or relationship was an estate beneficiary. There was $30 Million in art. And another $30 Million in a privately held business. Different opinions or approaches to the estate arose. Very common. No surprise there. There was a motion to appoint an administrator. Then COVID-19 hit and things slowed down. An order was issued. And review was sought of that probate order, to the 3rd DCA.