Legal Question in Wills and Trusts in Florida

Can the excautor spend money when a will is still in probate for her own personnel use such as new roof for her home, lights, door knobs, furniture, washer and dryer etc. Not for the deceased property to fix and sell? The will states she is the excuator and owner of all his property and the 1.2 million and leaving the other 6 of us 5000.00. Can we contest the will if she is doing this?



Florida | 34104 | Probate, Trusts, Wills

Asked on 10/22/09, 6:47 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.


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Answered on 10/22/09, 6:58 pm

Cristofer Bennardo Padula Bennardo Levine, LLP

I would agree with Mr. Slater, that the initial question is no. However, you then state that the Personal Representative (Executor) is the "owner" of the decedent's property. If you mean that the Personal Representative is also the beneficiary of the entire Estate, except for the $30,000 to be distributed to the other 6 people, the Personal Representative can make what is essentially a distribution to herself as a beneficiary. She must, however, designate it as such, and not as an expense of administration. This can be done as long as the rights of creditors and other beneficiaries are not interfered with.

Contesting the will is a completely different issue. This relates to the validit of what the will says itself, not what the PR is doing with the money. You can contest what the PR is doing with the money by seeking the appropriate remedy from the probate court.

This should be reviewed by an attorney to verify if she is making these distributions properly.

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Answered on 10/23/09, 8:45 am

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