Legal Question in Wills and Trusts in Florida

Was notified by my uncle in November 2012 that I was named a beneficiary of my grandfather's estate. Grandfather passed away two years ago with no will. Uncle petitioned and was appointed personal representative by Florida Probate Court. My inheritance included a quarter share of a florida condo. Received court order from Florida Probate Court directing the distribution of the estate. Also just received letter demanding I pay $5,000 for out of pocket expenses my uncle incurred maintaining the condo over the past two years. Am I personally responsible for reimbursing my uncle or should that have been presented through the courts as out of pocket expenses to be paid by the estate? No monetary amount involved in estate, only property. Thank you.

Asked on 5/22/13, 7:13 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

If there was no will, whether you are a beneficiary depends on intestate succession, and what relatives survived. The estate should reimburse all expenses, not individual beneficiaries.

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Answered on 5/22/13, 7:19 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You are not personally responsible for expenses. The Estate must pay them, but it also has to have assets to pay them with. If not then it would need to liquidate assets which could include the condo. If you want to preserve property you may have no choice but to pay. I would hire an attorney to evaluate this process with you.

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Answered on 5/23/13, 1:45 am


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