duty of personal representatives

[kappae33]

What is the name of your state? Florida

If a simple will states very clearly that it is not to be put into probate, why would the personal representives of the will sign it over to and atty to handle. By doing this is it legal, and is there an automatic 3% of the estate that goes to the personal representatives. One rep. is 1 of 4 sons on the will. As I stated it was an uncontested and simple will. I realize the atty will be paid but was this necessary?
Thank you for your time,
kappae33

 

[BlondiePB]

What is the name of your state? Florida

If a simple will states very clearly that it is not to be put into probate, why would the personal representives of the will sign it over to and atty to handle. By doing this is it legal, and is there an automatic 3% of the estate that goes to the personal representatives. One rep. is 1 of 4 sons on the will. As I stated it was an uncontested and simple will. I realize the atty will be paid but was this necessary?
Thank you for your time,
kappae33

Nice try on the part of the decedent. The deceased needed to put/title his/her assests in ways where they would not go to probate (in trust, payable/transferable on death; joint tenants with rights of survivorship). Not doing so means probate, no ifs, whats, or buts about it - as it is the law; therefore, necessary.

 

[Dandy Don]

The request to not be probated was incorrect and illegal--state law requires probate of any will.

Attorney probably should have been hired only for advice/counsel, but it may work out to be an advantage since attorney is familiar with probate procedure and heirs probably are not.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

If a simple will states very clearly that it is not to be put into probate, then it is probably an invalid will.

 

[kappae33]

Seniorjudge,Thank you for the answer. The will did not state that is was not to go through probate. It stated "My personal representatives shell have full power and authority to sell, transfer and convay property which I may own at the time of my death at such time and upon such terms and conditions as they may determine without the necessity of obtaining leave of any court and no purchaser shell be held liable to see to this application of any purchase money; and to do every act and thing necessary or appropriate to the complete administration of this last will and testment." Also it states "I direct that no personal rep shell be requires to furnish bond." I also wonder about the 3% given the personal reps when all they did was to sign a paper turning everything over to an atty. That seems like a large reward for a signature.
With all due respect,
kappae33

 

[BlondiePB]

kappae33, there is nothing wrong or illegal with what is happening.

 

[anteater]

As far as I know, no state holds a gun to an executor's/PR's head and says that you must take a fee. At this point, you don't know if the PR will even be taking a fee.

If the PR does and you feel that it is excessive, then you can object before the estate is closed.

 

[seniorjudge]

Q: I also wonder about the 3% given the personal reps when all they did was to sign a paper turning everything over to an atty.

A: The person who wrote the will is presumed to know what the statutory minimum for PRs is (which is what this sounds like); thus, the person who wrote the will intended for the PR to get 3% because that person put it in writing.

 

[kappae33]

Florida

well I am sorry judge but you are wrong on both counts, as you have not read the will how can you asume

 

[anteater]

Florida

well I am sorry judge but you are wrong on both counts, as you have not read the will how can you asume

You miss a subtle point. The Seniorjudge did not say "I assume...." The Seniorjudge said "... is presumed...." As in, the law and the court are not going to try to divine the intentions of the deceased when the deceased could easily have stated those intentions in the will and failed to do so.

Since you had the opportunity in your prvevious post to say whether the will contained any clauses pertaining to personal representative compensation and you did not do so, it is presumed that the will did not contain any such clauses.

 

[kappae33]

Florida

I guess i did not make it clear that the will said nothing about any % to be given nor any monies for the efforts. I still don't have an answer as to where the PR's came up with the 3% figure. 3,5,10,50%.It does not matter. I can see no other way then that this figure was just pulled out of the air. I am not trying to create a problem with this, it is the principal of the intention for extra monies not earned or ment to be given.

 

[BlondiePB]

Florida

I guess i did not make it clear that the will said nothing about any % to be given nor any monies for the efforts. I still don't have an answer as to where the PR's came up with the 3% figure. 3,5,10,50%.It does not matter. I can see no other way then that this figure was just pulled out of the air. I am not trying to create a problem with this, it is the principal of the intention for extra monies not earned or ment to be given.

The figure for PR fees came right from FL statutes. See Trusts and Estates at www.flsenate.gov/statutes

PRs are entitled to be paid for the burden of probating an estate.