Florida/Georgia Personal Injury & Workers Compensation

...Therefore, the personal representative has no authority to satisfy the judgment for fees and costs from the money he holds for the survivors. Section 768.26 does not provide that authority. The dissent's citation of the personal representative's statutory fiduciary obligation under section 733.602(1), Florida Statutes (1993), does not really aid the analysis....

...fiduciary who shall observe the standards of care applicable to trustees.... He shall use ... the authority of any order in proceedings to which he is party, for the best interests of interested persons, including creditors as well as beneficiaries. § 733.602(1), Fla....

...e only in regard to intestate estates. With the adoption of section 733.301, effective January 1, 1976, (the successor statute to 732.44) "preferences" for appointment were specifically enumerated for both testate and intestate estates. In addition, section 733.602(1) describes the duties of a personal representative in the following terms: A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by s....

...misconduct. In re Cross, 666 F.2d 873 (5th Cir.1982) A state statute may create a fiduciary relationship for purposes of § 523(a)(4) of the Bankruptcy Code. A personal representative in a probate proceeding is a fiduciary based upon Florida Statute § 733.602. The personal representative has the same fiduciary standard of care applicable to trustees of an express trust under Florida law (Section 733.602)....

...There is a reasonable basis for this belief because the personal representative has a duty to defend the will. In re Blankenship's *1122 Estate, 136 So.2d 21 (Fla. 2d DCA 1961). The personal representative is under a duty to settle and distribute the estate in accordance with the terms of the will and the Probate Code. § 733.602(1), Fla....

...In all actions challenging the proper exercise of a personal representative's powers, the court shall award taxable costs as in *731 chancery actions, including attorney's fees. The section is located in Part VI of the chapter, entitled "Duties and Powers of Personal Representative." Section 733.602 is headed "General duties"; section 733.608 is headed "General power of the personal representative" and refers to his control of the estate's assets; section 733.612 identifies a large number of transactions authorized for the person...

...Beck, 383 So.2d 268 (Fla. 3d DCA 1980), the court stated that the personal representative of an estate and the guardian of property are required to exercise the same standard of care as a trustee of an express trust. The court cited, among other statutory sections, section 733.602(1), which sets forth the general duties of a personal representative....

...ees unless they had received their distribution). We are cognizant of the duty placed on a personal representative to settle and distribute a decedent's estate in an expeditious and efficient manner, consistent with the best interests of the estate. § 733.602(1), Fla....

...the administrator ad litem, cannot adequately pursue claims against Mr. and Mrs. Owens to recover any amounts transferred to them during Ms. Nolan's life. It is the general duty of the personal representative to settle and distribute the estate. See § 733.602, Fla....

...The personal representative, like a trustee, is a fiduciary in handling the estate for the beneficiaries. As such, he or she is to observe the standard of care in dealing with the estate as a prudent trustee exercises in dealing with property of the trust. § 733.602(1), Fla....

...They emphasize that the fiduciary nature of their representative capacity not only confers upon them complete control over the assets and liabilities of the decedent's estate, but also makes them liable for failure to "observe the standards of care applicable to trustees as described by § 737.-302," F.S. § 733.602....

...Florida statute, to protect the interests of the estate and survivors. First, Florida law provides that the personal representative is a “fiduciary, who shall observe the standards of care applicable to trustees as described by § 737.302.” F.S. § 733.602....

...§§ 733.401-.405. *665 If Mr. Malkin would not be able to settle and distribute the decedent's estate efficiently and expeditiously, by reason of nonresidence or otherwise, then he is precluded from being appointed even without consideration of §§ 733.302, .304. § 733.602(1) makes it the duty of a personal representative to "settle and distribute the estate of the decedent in accordance with the terms of [the decedent's] will and this (probate) code as expeditiously and efficiently as is consistent with the...

...Superior Court, 179 Wash. 198, 37 P.2d 209, 95 A.L.R. 819, and Annotations at page 828 et seq. For the continued vitality of this rule, see Fenn and Koren, The 1974 Florida Probate Code — A Marriage of Convenience, 27 U.Fla.L.R. 615, 633 (1975). [4] § 733.602 General duties....

...The standard of care that applies to a personal representative is set forth in Chapter 733, Florida Statutes; a personal representative is a fiduciary, "under a duty to settle and distribute the estate ... as is consistent with the best interests of the estate." § 733.602(1), Fla....

...1st DCA 1965), were decided before the 1981 amendment and are, therefore, distinguishable. The appellant is not without a remedy. A personal representative is a fiduciary who is required to use the authority conferred upon her for the best interests of the interested persons. See § 733.602(1), Fla....

...reason that it was the fiduciary who brought the review proceeding. 610 So. 2d at 1325. 4  “A personal representative is a fiduciary who shall observe the standards of care applicable to trustees.” § 733.602(1), Fla....

...Sections 733.601 through 733.620 set forth the powers, duties, and obligations of the personal representative as regards not only the estate, but an assemblage of other individuals related to the estate’s administration, including its beneficiaries, creditors, contractors, accountants, and attorneys. Section 733.602(1), Florida Statutes, prescribes the general duties of the personal representative by providing that the personal representative is a fiduciary who shall observe the standards of care applicable to trustees ......

...of interested parties. See § 733.612(20), Fla. Stat. Furthermore, Ford, as personal representative, had the duty to act within “the best interests of the estate” and in “the best interests of all interested parties, including creditors.” §§ 733.602 & 733.603, Fla....

...d final Estate Accounting." In view of the decision herein on the other issues on appeal, some or all of these fees may be improperly awarded under the standard set forth in In re Estate of Wilson, 116 So.2d 440, 443 (Fla. 2d DCA 1959), and Sections 733.602 and 737.302, Florida Statutes, regarding the standard of care required in managing an estate....

...Gainer's will provides further evidence that she did not intend to make a gift or set up a survivorship account in account 046. Article II, section D specifically devised account 046 in trust. This devise occurred after the Davises were added to the account. [6] Section 733.602, Florida Statutes, provides in pertinent part: (1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by s....

...876 (1894). Thus the personal representative of a decedent's estate is a fiduciary who is required to use the authority conferred upon him or her for the best interests of the *1251 interested persons who are the survivors entitled to recover under the Act. § 733.602(1), Fla.Stat....

...Section 733.212(1) and (3) within which objections to distribution and claims for distribution may be filed. Instead, the Court will require all claims and objections to be filed in this case within thirty days of the first publication of the notice. Finally, in accordance with the duties and privileges of Fla.Stat. Section 733.602, the personal legal representative shall distribute decedent's money and personal effects to the beneficiaries (in all likelihood decedent's widow only), the costs of administration and distribution to be paid out of the money on deposit with the Court....

...former would not relate back but the latter would.7 This would be in conflict with the duties of a personal representative to “settle and distribute the estate of the decedent . . . as expeditiously and efficiently as is consistent with the best interests of the estate,” § 733.602(1), and to “promptly publish a notice to creditors.” § 733.2121. CONCLUSION 7 By way of example, section 733.604 imposes a duty upon a personal representative to “file a verified inventory of property of the estate.” Und...

...2007 Revision: Committee notes revised. Statutory References § 733.501, Fla. Stat. Curators. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.602(1), Fla....

...Committee notes revised. Statutory References § 733.501, Fla. Stat. Curators. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.602(1), Fla....

...ns occurring on or after January 1, 1994. Committee notes revised. Citation form changes in committee notes. Statutory References £⅛⅛ 733.502, Fla.Stat. Resignation of personal representative. R&4 733.508, Fla.Stat. Accounting upon removal. § 733.602(1), Fla.Stat....

...Committee notes revised. Statutory References § 733.501, Fla. Stat. Curators. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.602(1), Fla....

...Robert Cohen appeals an order that authorized the execution of a settlement agreement and supplemental settlement agreement in a Florida estate to which he is a beneficiary entitled to receive an equal one-third distribution. We reverse, pursuant to section 733.602, Florida Statutes (2001), because appellee Gerald Schwartz, the personal representative of the Florida estate, admits that Cohen will not receive an equal share under the settlement agreement....

...Statutory References §-733.502; Fla. Stat.-Resignation of personal representative. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.602(1), Fla....

...Consistent with the personal representative’s duty to “distribute the estate of the decedent in accordance with ... [the Florida Probate Code],” our disposition of this case is without prejudice to further proceedings to determine whether maternal heirs exist. § 733.602(1)....

...final Estate Accounting.” In view of the decision herein on the other issues on appeal, some or all of these fees may be improperly awarded under the standard set forth in In re Estate of Wilson, 116 So.2d 440, 443 (Fla. 2d DCA 1959), and Sections 733.602 and 737.302, Florida Statutes, regarding the standard of care required in managing an estate....

...Gainer's will provides further evidence that she did not intend to make a gift or set up a survivorship account in account 046. Article II, section D specifically devised account 046 in trust. This devise occurred after the Davises were added to the account. . Section 733.602, Florida Statutes, provides in pertinent part: (1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by s....

...As was pointed out in State v. Lahurd, 632 So.2d 1101 (Fla. 4th DCA 1994), the comprehensive provisions of section 812.014 carry forward the prohibition formerly found in section 812.021(l)(c), Florida Statutes (1975). “A personal representative is a fiduciary....” § 733.602(1), Fla....

...Williams was a beneficiary of the estate, entitled to a quarter of the net estate for her own use. Ordinarily, personal representatives in Florida may lawfully reimburse themselves for expenses they have reasonably incurred on behalf of an estate, as well as disburse money to pay the estate’s other just debts. §§ 733.602, 733.603, 733.607, 733.608, 733.612, and 733.617, Fla....

...2003 Revision: Committee notes revised. Statutory References § 733.501, Fla. Stat. Curators. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.602(1), Fla....

...The Estate asserted that the right to life, liberty, and the pursuit of happiness found in the Declaration of Independence and in article I, section 2 of the Florida Constitution gave White the clear legal right to know how her life ended. And that this right passed on through White to the Estate under section 733.602, Florida Statutes (2022). The Estate next argued that Dr....

...Radtke’s counsel explained that a medical examiner determines the cause of death using expert judgment and that even the way the conclusions are reached—e.g., which tests are ordered, which tissue is tested—is based on professional judgment and requires the exercise of discretion. Counsel also pointed out that section 733.602 provides no right for an Estate to know the cause of a decedent’s death....

...opportunity to withdraw” its petition under the safe harbor provision in section 57.105(4). Even so, the trial court denied the motion. The trial court reasoned that the Estate’s argument as to the clear legal right element of its mandamus petition—relying on section 733.602, the Declaration of Independence, and the Florida Constitution—was “novel but unsupported by any law.” The trial court thus determined the Estate’s action “was not frivolous, however, just simply unsupported by the facts.”...

... Even so, the trial court denied Dr. Radtke’s motion for attorney’s fees, reasoning that the Estate advanced a novel argument on the clear legal right element of its claim for mandamus relief. Although we find dubious the Estate’s argument that section 733.602, the Declaration of Independence, and the Florida Constitution gave the Estate the clear legal right to know the cause of White’s death, the trial court’s conclusion that Dr. Radtke had no clear legal duty to change the death certificate was fatal to the Estate’s claim for mandamus relief....

...At the hearing on the motions, the probate court, on its own, concluded that there was no reason for it to declare what Alvin was required to do with his will, because the result would have “absolutely no impact” on Rose’s estate. Alvin and the estate have appealed. Section 733.602(1), Florida Statutes (2003), which describes the general duties of a personal representative, provides: A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by s....

...The appellants contend, however, that the probate court should have resolved the issue because the property settlement agreement authorized Rose’s estate to enforce it. The fact that the estate was authorized by the property settlement agreement to enforce it, however, does not satisfy the requirement of section 733.602(1), that the personal representative act in the best interest of interested persons....

...3d DCA 1997) (reversing an order that required the personal representative and her husband to post a bond in order to file further pleadings in a surcharge proceeding because the order violated the access to the courts provision and due process clause of the state constitution). Because section 733.602(2), Florida Statutes (2002), removes liability for any act of administration if the act was authorized at the time, personal representatives often *192 attempt to protect themselves from future liability by obtaining pre-approval, i.e., immunity, from the probate court for actions they undertake which do not need court approval. Section 733.602 provides that the personal representative “shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudi...

...esentative are hiring attorneys and others to aid him in his duties and prosecuting or defending claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative. § 733.612(19), (20). As a fiduciary, see section 733.602(1), if the personal representative breaches his fiduciary duty, he may be liable to the interested persons for damage or loss resulting from that breach....

consistent with the best interests of the estate.” § 733.602(1), Fla. Stat. Furthermore, a personal representative

...The fiduciary relationship must exist at the time the act creating the debt was committed. Guerra v. Fernandez-Rocha (In re Fernandez-Rocha), 451 F.3d 813, 817 (11th Cir.2006) State statutory law may control whether a fiduciary relationship existed. In re Valdes, 98 B.R. 78, 80 (Bankr. M.D.Fla.1989). Florida Statute Section 733.602(1) sets forth "a personal representative is a fiduciary...." The Debtor as the Personal Representative of the Decedent's estate was a fiduciary pursuant to Florida Statute 733.602(1)....

...sts of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interest of interested persons, including creditors. Fla. Stat. § 733.602(1)....

...No provision of the Probate Code indicates a personal representative may use estate assets as his own. The Debtor was obligated to expeditiously and efficiently settle and distribute the estate of the Decedent in accordance with the terms of the Will pursuant to Florida Statute Section 733.602(1)....

...and resolved in a prior proceeding. Pleming v. Universal-Rundle Corp., 142 F.3d 1354, 1359 (11th Cir.1998). The Debtor was obligated to make distribution expeditiously to the Plaintiff, who was a beneficiary of the Will, pursuant to Florida Statute Section 733.602(1)....

...He was removed as the Personal Representative as a result of such failing. His failure to make distribution to the Plaintiff of funds that were entrusted to him as the Personal Representative constitutes a defalcation of fiduciary duty. Fla. Stat. §§ 733.602(1), 733.608(1)(c), 733.609(1); Quaif, 4 F.3d at 955....

...The Plaintiff's documentary evidence, independently of the Judgment, establishes the Judgment Debt is nondischargeable pursuant to 11 U.S.C. Section 523(a)(4). The Debtor did not act in the best interests of the estate. He was required to keep the estate funds separate from his personal and business funds. Fla. Stat. § 733.602(1); Lahurd, 632 So.2d at 1104....

...ntiff's Exh. No. 6; Main Case Doc. No. 1 (Schedule I, Statement of Financial Affairs). [17] Plaintiff's Exh. No. 7. [18] Plaintiff's Exh. No. 7, p. 2. [19] Id. [20] Plaintiff's Exh. No. 7. [21] Section 737.302 was repealed effective July 1, 2007 and 733.602 was amended to refer to "part VII of chapter 736." The preamendment, pre-repeal statutory provisions are applicable given the Decedent's probate proceeding was commenced in 2003....