Legal Question in Wills and Trusts in Florida

what powers or right does the executor or the estate or personal representative have?

Can they contact home mortgage company and request documents?


Asked on 8/16/11, 11:37 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Certainly, an executor or PR in Florida has a fiduciary responsibility to administer the estate, protect the assets, pay the bills, and distribute the residue as intended by the trust or will. Therefore, they have a duty to contact any creditor, debtor or beneficiary relating to the estate.

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Answered on 8/16/11, 12:46 pm
Michael Sasso M. Daniel Sasso

Mr Martin's answer is appropriate and I would advise that you had best use legal counsel or strongly urge the Personal Representative to do so. In addition to the creditor situation, the Probate Code in Florida enacted the right of the Executor (now PR since 1976) to take possession of the protected homestead for purposes of maintenance, repair, payment of taxes and upkeep, and file a lien against the real estate for the same, after first noticing the beneficiaries who are to receive the home thorugh the Will or testamentary instrument. This of course would be applicable if the home were distributed through the Will itself and not through a joint and survivorship deed, or other non probate device such as a trust. This is all set out in the statutes and is enforceable through the courts.

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Answered on 8/16/11, 1:44 pm


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