Legal Question in Wills and Trusts in Florida

Rights of a Personal Representative-power of attorney

My brother-in-law was given power of attorney by my his mother and brothers to act in matters of the estate of their sister who was murdered by her husband. My mom-in-law is upset because she is finding out he has received $10,000 from the sale of property in the estate and is now claiming he will receive $25,000 when the estate is completely settled for acting as power of attorney. Can he claim those fees without her permission? She will actually not end up with anything if those fees are paid to him.


Asked on 3/10/00, 11:56 am

1 Answer from Attorneys
Kelly Henderson

Re: Rights of a Personal Representative-power of attorney

The personal representative is entitled under the Florida Probate Code to be paid a reasonable amount for services to the estate. What can considered reasonable is set by statute. If you believe that this person is asking for too much money, your objections should be filed with the Probate Court in a timely manner. If you are unable to do that yourself, you may want to retain an attorney for that purpose. I am also concerned when you suggest this person made money from the sale of probate assets. The personal representative has a fiduciary duty to the estate. Any sale of a probate asset by the personal representative affected by a conflict of interest is voidable by the court. If you have any other questions send me an e-mail or visit my web-site at www.FLProbate.com.

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Answered on 3/22/00, 10:54 pm


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