Legal Question in Wills and Trusts in Florida

Re: Will

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.

Yes, this is legal and proper. The duties of the Personal Representative is to act in the place and stead of the decedent. Collection of any debts is part of his/her duties. None of the beneficiaries should gain by the death of the decedent.

If you disagree, you can file an objection with the Court. You will probably have to retain an attorney and the battle could be costly. The Court is likely to side with the Personal Representative unless evidence can be produced that the decedent intended to forgive the debt upon her death.

Scott R. Jay, Esq.