When Do Florida Probate Lawyers Need to Ask the Court to Appoint an Administrator Ad Litem?
Are you currently serving as the personal representative of the Florida estate that owes you money? This puts you in an odd situation right? You are serving as the administrator of an estate but also making a claim against it. Do you know what to do? You may need an administrator ad litem check out this recent appeal from Florida to learn more.
Personal Representatives
- Do you know what the Florida personal representative has to do?
- Florida probate lawyers usually represent the personal representative as the estate’s resident agent.
- What does that mean?
- The personal representative is in charge of collecting the assets and ensuring their proper distribution for the estate.
- That means if a personal representative is also the creditor there could be some problems.
- What can you do in that situation?
- Florida estate attorneys know that you may need to appoint an administrator ad litem.
- What does that mean?
Administrator ad litem
- What is an administrator ad litem?
- These are people that are meant to replace the personal representative when the representative is unable to do so.
- Do administrators ad litem have to file a bond to serve in Florida?
- Does the fact that you need reimbursement from the estate necessitate the use of a guardian ad litem?
- The statute says no.
- But look at what this recent case from the Fifth District Court of Appeals had to say.
- Who is right?
Hutchins v. Estate of Hutchins
- This was a case where the personal representative had filed personal claims against the estate.
- The trial court had told the parties that an administrator ad litem had to be appointed.
- Florida probate lawyers know that is not what the statute says!
- But that is what the case law tells Florida estate attorneys!
- So who was right?
Want to learn more?
Check out a free copy of the whole case by clicking here.
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