Legal Question in Wills and Trusts in Florida

If there is a designated account set up for the purpose of an estate, could the personal representative -- who is also a lawyer -- legitimately move estate funds back and forth between that designated account and his law office "trust account"? Is this an example of commingling?

Any Florida statute or caselaw citations would be appreciated. Thanks!


Asked on 10/08/12, 9:35 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

In Florida if an Estate account is set up and there is no bond posted, the funds are likely required to be deposited in a restricted depository. NO funds can be withdrawn from a restricted account without a Court Order. Moving money back and forth would be contrary to Court Order and a violation of the attorney/personal representative's fiduciary responsibility. Seek legal help on this.

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Answered on 10/08/12, 9:46 am


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