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Probate Fees

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Junior Member
What is the name of your state (only U.S. law)? Florida
Here's the situation...
ExSpouse dies, doesn't have a will. He has a house and retirement account and that's basically it to speak of. (He also left alot of debt). There are two minor children, two adult children from previous marriage.
As I'm told, the house is not an estate asset and is protected from creditors. It's to be split among the children. Same for the retirement account.
The minor children have an trust setup and any funds will be sent to their trust. The adults will get their money now.

I'm told that the funds from the house will be split, and no atty fees will be taken from this. I'm also told that the bank will cut checks for the retirement account and disburse and will not go into an estate account. So, this leaves nothing left over to pay for attorney fees, funeral expenses or creditors. The personal rep allowed all the household furnishings to be sold and disbursed to the heirs and didn't hold anything back for the attorney fees or bills. I can assume that the creditors are just out of luck? The personal rep has been paying the attorney fees out of pocket. (personal rep is also heir to estate).

How will the personal rep recoop their money for attorney fees?
I am guardian to the minors. They're asking me to pay out of pocket. Is that required?
If so, am I entitled to recoop legal expenses for establishing the guardianship that was required for probate as well?


Senior Member
Warniing - double post

Keep all your posts in the original thread.

(Thought I would try the "Seniorjudge Double Post Warning Method.")

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