Legal Question in Wills and Trusts in Florida

re- florida probate-I am a personal representative of an estate i florida. How can I be reimbursed for my out of pocket expenses and be paid for being a legal representative? nothing has petitioned to the court on this matter. there is a checking acct and a house. the attorney said he gets paid first the will be homesteaded to my adult children and i need to work out my fees and expenses with them. after the probate case is closed, bills paid and assets disbursed, do I have a legal right to be paid as a personal representative and be reimbursed for my out of pocket expenses after the fact?


Asked on 4/26/16, 10:05 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

As personal representative, assuming the will provides, you are entitled to be paid and receive back your costs. You have to file a claim with the Estate. Your attorney should assist you in doing this. You have a priority claim, as does the attorney. IF there are assets you get paid. If there are no assets and the homestead property passed outside of probate, the only way to get paid is to have the recipients pay you directly.

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Answered on 4/26/16, 10:54 am


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