What do I have to do once I am served with a final notice of administration or a petition for discharge in West Palm Beach?

Have you recently been served with a final notice of  administration or petition for dischargefrom the personal representative of a West Palm Beach estate? Experienced probate litigators know that you may waive your right to claim improper actions in the probate administration if you do not object in a timely matter. How long do you have to act and what to do you have to tell the court to object? Check out this recent case out of the Eleventh Circuit U.S. Court of Appeals.

The Final Accounting

• Do you know what the purpose of the final accounting is?
• This may be your last chance to object to what you feel is an improper distribution by the personal representative.
• Pursuant to Fla. Rule of Probate 5.400 “a personal representative who has completed administration except for distribution shall file a final accounting and petition for discharge including a plan of distribution.”
• In other words before the personal representative can be discharged of their duties they will have to show all interested parties what they plan on doing with the estate’s assets.
• What happens when the probate court approves the final accounting?
• If you have a problem with the proposed plan you had better object.
• Probate courts do not protect those that ignore important paper work and let the time limits run.
• Do you know how to challenge a notice?
• Check out this case out of the Federal Court of Appeals regarding a Miami probate that got complicated.

Kaplan v. Kaplan

• The plaintiff in this case was an attorney representing himself against his brother in a probate dispute regarding their father’s estate.
• A four count complaint was brought regarding breach of fiduciary duty for settling a wrongful death claim improperly, violation of the prudent investor rule, negligently retaining inexperienced counsel and other breaches of fiduciary duties related to the estate.
• The plaintiff ultimately lost out when he failed to timely object to a final accounting.
• Do you have notices that require a timely response to the West Palm Beach probate court?

Want to learn more about objecting to a final accounting in West Palm Beach?

Check out the entire case by clicking here.