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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Personal Representative is Making Excessive Expense Claims to Father's Estate

    My question involves estate proceedings in the state of: Florida

    My mother has been personal representative for my fathers estate since his death in 2008. She has claimed reimbursement for special assessment fees levied for repairs and improvements to their jointly owned condo. She is very well off and would have no difficulty paying this assessment herself. This claim amongst others has the effect of not leaving enough in the estate to make specific monetary gifts to the children as stated in my fathers will. To date she has been told by the estate lawyer to return to the estate $44,000 in overpayments to herself. There are further expanses that she is still claiming that I feel are inappropriate, this $63,000 assessment being one. She has also flatly refused to make specific gifts to the grand children of personal property as set forth in the will stating that "these things are and should be mine". She has not filed probate because my fathers estate (arguably) consisted of less than $75,000. the majority of his assets passed outside the probate estate via joint ownership, trusts, etc... She also claimed a "death settlement fee" based on 3% of his gross estate not his probate estate. The estate lawyer she has hired is arguing for the validity of the assessment and the "death settlement fee". I do not agree and believe that the estate lawyer is trying to justify as many of the expanse claims her client has already paid herself as possible.
    At this time I'm mostly looking for insight into the validity of the condo assessment claim, the rest I give as background.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Personal Representative is Making Excessive Expense Claims to Father's Estate

    Why hasn't anybody moved to remove and replace her as P.R.?

    The attorney for the estate, who has all of the relevant details, apparently believes the condo assessment claim is unreasonable. I lack a sufficient basis to second-guess that opinion.

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