LegallyFrustrated
New Member
- Jurisdiction
- Florida
This issue is regarding a probate case located in Florida, so I hope that someone familiar with Florida law can provide some clarification. The decedent died intestate in Florida, and there are multiple beneficiaries located out of state, with the personal representative also being one of the beneficiaries, for an estate consisting primarily of a residential property and a couple of bank accounts. Probate has been ongoing for nine months and is about to close if we all sign off. The house was designated a homestead property during probate so that all protections apply, but I have received conflicting information regarding what this means exactly with regard to administration and other fees.
I'm aware that the homestead designation protects the house from creditors, but is the house also protected from any attorney and administration fees as well as the 3% personal representative fee? Should these fees only come from other assets, like the bank accounts, and not from the house sale proceeds? I'm not clear on whether this designation means that the estate attorney overseeing the probate case and the personal representative (administrator / executor) can deduct their fee percentages from the house sale. This would result in them taking significantly more in fees than they should otherwise receive. I do not want to go into specific details, but suffice it to say, the PR has done a subpar job performing his duties, and I do not want him to receive more compensation than is deserved.
What is the correct information? I have been unable to get a clear answer on my specific question, so I would greatly appreciate any insight to be prepared moving forward. Thanks!
I'm aware that the homestead designation protects the house from creditors, but is the house also protected from any attorney and administration fees as well as the 3% personal representative fee? Should these fees only come from other assets, like the bank accounts, and not from the house sale proceeds? I'm not clear on whether this designation means that the estate attorney overseeing the probate case and the personal representative (administrator / executor) can deduct their fee percentages from the house sale. This would result in them taking significantly more in fees than they should otherwise receive. I do not want to go into specific details, but suffice it to say, the PR has done a subpar job performing his duties, and I do not want him to receive more compensation than is deserved.
What is the correct information? I have been unable to get a clear answer on my specific question, so I would greatly appreciate any insight to be prepared moving forward. Thanks!