Legal Question in Wills and Trusts in Florida

I am in need of legal expertise. the Personal Representative of my late granddaughter's estate had filed a wrongful death lawsuit in Pinellas county, fl proposed settlement award was $115,000 in which $69,000 would be place in trust fund for two minor siblings and $15000 for funeral expense, future medical for minor siblings. The rest of monies went towards attorney fees. The personal representative of the estate signed the the release agreement on October 13, 2015 prior to a court hearing for settlement approval which was scheduled on October 19, 2015. I am looking to find as per the Florida wrongful death laws and statutes governing minor children (Fl St. 768.25) was it legal for the Representative of the estate to accept, sign, notorize and submit the release agreement to opposing parties prior to the court's approval?


Asked on 3/02/16, 4:36 pm

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

The release can be signed but it would be subject to the Court's approval. It is not uncommon to sign such documents and show the Court that the personal representative does agree to this when asking for the Court approval.

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Answered on 3/03/16, 6:55 am


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