Q: Options to recover shared expenses as personal representative in Florida estate.
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling. However, there were no non-exempt assets in the estate, and I opted for summary administration to address the homestead property. I covered all funeral, burial, estate, and house-related expenses myself, but my sibling is now refusing to reimburse me for their share. I have documented all expenses, but my sibling refuses to negotiate. What are my options to recover this money?
A: You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a civil matter, if it is $8000 or under you can use small claims court yourself and file an action, filing fees usually are an additional $55-$300, service of process, you get the picture. If the sum is in excess of that, you will need to get a civil litigation attorney. So, trying to reopen probate for the $50 fee and trying to get it reimbursed may be an option to try and consider. Keep in mind, if you win, can you even collect it and is it worth the family discord to follow, all factors to surely weigh.
A:
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which claims may be filed after the issuance of the judge's orders, but again, that would only be from non-exempt assets that the heirs actually received. So it wouldn't matter if you had actually been appointed PR in a formal administration or did what you have done--getting an order signed in a summary administration--if there are no non-exempt assets, then there are no assets out of which the Court could order that expenses be reimbursed.
So unfortunately, this is a matter between you and your siblings to negotiate outside the estate. The last opportunity that you would have, failing any such family agreement, is when (and if) the homestead is sold, you can require that the unpaid final expenses be reimbursed to you as a seller's cost before the net proceeds of sale are distributed in equal shares to the owners. You have leverage, because the other heirs are going to want the real estate closing to go through, because if they don't agree to you being reimbursed from the proceeds of sale a seller's costyou
A:
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which claims may be filed after the issuance of the judge's orders, but again, that would only be from non-exempt assets that the heirs actually received. So it wouldn't matter if you had actually been appointed PR in a formal administration or did what you have done--getting an order signed in a summary administration--if there are no non-exempt assets, then there are no assets out of which the Court could order that expenses be reimbursed.
So unfortunately, this is a matter between you and your siblings to negotiate outside the estate. The last opportunity that you would have, failing any such family agreement, is when (and if) the homestead is sold, you can require that the unpaid final expenses be reimbursed to you as a seller's cost before the net proceeds of sale are distributed in equal shares to the owners. You have leverage, because the other heirs are going to want the real estate closing to go through, because if they don't agree to you being reimbursed from the proceeds of sale a seller's cost, you could hold up the sale. That is your leverage.
I hope this information is helpful to you.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
