Legal Question in Wills and Trusts in Florida
personal representative financial responsibility
Our Mother's will names our sister as personal representative. She will not communicate, only to deny it. Is it true that the second named representative on the Will can take the place of the first who denies it, and all children listed in the will (minus the one who is counting herself out) are responsible to chip in with the personal representative to pay the condo monthly maintenance fee on our deceased mother's condo? If so, how can they be bound legally to enforce that they will all chip in if they ''say'' they will?
It is not a harmonious family. What happens if no one pays the maintenance monthly fees; the condo is paid free and clear. Thank you.
2 Answers from Attorneys
Re: personal representative financial responsibility
If the person named to be PR does not want that position, the second named will usually be named PR by the Court. No matter what the will states if a majority of the heirs want someone else, the Court can appoint that person PR. No one has rights to act as PR until so appointed by the Probate Court. If no one pays the condo fees, the condo can foreclose on the unit, force its sale, and get the money owed to the condo association. If a person pay the condo fees to avoid that result they should have a claim on the estate to be reimbursed assuming the estate has funds to reimburse. I think you need to speak with an attorney so that someone can take control of the situation.
Re: personal representative financial responsibility
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It sounds like there is great disagreement between the family members and beneficiaries. You should get all who are in accord to go and meet with an attorney to discuss what you can do to effect an orderly probate of your mother's estate and to ensure that the condominium is not lost due to a forclosure sale by the condominium as a result of unpaid maintenance fees.
Scott R. Jay, Esq.
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