Legal Question in Wills and Trusts in Florida

In Florida probate, should the PR be bonded if the estate's worth was 8-10 million and if they breached their F/duties, who's responsible, the PR or their attorney or both?


Asked on 1/19/14, 2:56 pm

3 Answers from Attorneys

Joseph Pippen Law Office of Joseph Pippen & Associates

Yes-should be bonded.

Either one or both could be liable

depending on the facts.

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Answered on 1/19/14, 4:24 pm

Usually a probate judge will determine if a bond is required of the Personal Representative. If there is a Last Will admitted to probate that specifically states no bond should be required of a given PR, it would not be unusual for a Judge to waive the need for a bond no matter the size of the estate.

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Answered on 1/20/14, 4:02 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Above answers are accurate. The Judge decides in the beginning if bond is required. The size of the Estate does not necessarily control if there is a bond required. It is one factor. For breach everyone involved in the breach and loss can be sued. Seek some legal guidance with the actual facts.

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Answered on 1/20/14, 5:31 am


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