IN RE ESTATE OF MORRIS FELDSTEIN, DECEASED
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An executrix is not absolved from liability for failure to rent estate property by a will provision only relieving her from liability for postponing the sale of real property.
The executrix and trustee under a will was surcharged for failing to rent the decedent's condominium for four years. She appealed this surcharge.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Surcharge cases and more on FLexlaw
HENDRY, Judge.
This is an appeal by the executrix and trustee under the will from an order surcharging her $8,225 for failure to rent the decedent’s condominium for four years. We affirm.
Appellant argues that the testator intended to absolve her of any honest errors of judgment as his personal representative particularly emphasizing paragraph Seventh of the will.
However, this paragraph only relieves appellant from liability for postponing the sale of any of the decedent’s real property. It does not pertain to rental of the property while it is held.
Appellant as executrix and trustee is bound by Fla.Stat. §§ 518.10 and 518.11, F.S.A., the “prudent man rule.” In our view, the probate judge was justified in imposing a surcharge where appellant has neglected her duty to obtain income for the estate, which in this case would have benefited beneficiaries under the testamentary trust created by the decedent’s will.
We also see little merit to appellant’s contention that the trust beneficiaries had no standing to bring the instant proceeding. See Rule 5.140, Probate and Guardian Rules. Even if the beneficiaries lacked standing the court on its own motion may require an accounting or evidence concerning the estate assets from the personal representative. Fla.Stat. §§ 733.50 and 733.51, F.S.A. Therefore, for the reasons stated, the order appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980)…who acts pursuant to the authority of a will or the probate code, may nonetheless be held liable for improper administration or mismanagement of a decedent’s estate. In re Anderson’s Guardianship, 75 So. 2d 790 (Fla.1954); In re Estate of Feldstein, 292 So. 2d 404 (Fla.3d DCA 1974). The omnibus clause did not authorize continuation nor did it insulate Mr. Beck if he chose to continue Vincent Pinto’s businesses. The record reflects the probate court’s concern with the mismanagement of Dawn’s guardianship esta…
-
The Est. OF George Drew Conger v. Conger, 414 So. 2d 230 (Fla. 3d DCA 1982)…apacity, has inherent jurisdiction to monitor the administration of an estate and to take such appropriate action as it may deem necessary to preserve the assets of the estate for the benefit of the ultimate beneficiaries. In re Estate of Feldstein, 292 So. 2d 404 (Fla. 3d DCA 1974). As we stated in Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980): “An order of the probate court arrives in the appellate court clothed with the presumption of its correctness and will be affirmed if it can be supported on any th…
-
In re the Guardianship OF Catherine S. Medley v. Se. Bank, N.A., 573 So. 2d 892 (Fla. 2d DCA 1990)…various petitioners were beneficiaries of those trusts, upon Mrs. Medley’s death thereby giving them standing to sue with respect to those funds. See Smith v. Bank of Clearwater, 479 So. 2d 755, 756-57 (Fla. 2d DCA 1985); In re Estate of Feldstein, 292 So. 2d 404 (Fla. 3d DCA 1974) (a contingent trust beneficiary whose interest has become vested may have standing to sue the trustee for mismanagement of the trust). See also Jamlynn Investments Corp. v. San Marco Residences of Marco Condominium Ass’n, Inc., 54…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence