Florida’s probate laws establish clear rules for administering an estate, and there are consequences when these rules are not followed. This is because a violation can result in financial losses, unnecessary delays, or probate disputes that could have been avoided.
Not every probate mistake rises to the level of a legal violation. However, when someone intentionally ignores their duties or fails to comply with probate law, it may be time to explore your options with a skilled probate attorney from our firm. Reach out to a violation of Coral Gables probate code lawyer today to get started.
What Are Common Violations of the Probate Code?
Probate code violations can occur at nearly any stage of estate administration. Some of the issues a violation of Coral Gables probate code attorney might deal with include the following:
Breach of Fiduciary Duty
A personal representative owes a fiduciary duty to the estate and its beneficiaries. That means they must act honestly, avoid conflicts of interest, and make decisions that benefit the estate rather than themselves.
Misappropriation of Estate Assets
Estate property belongs to the estate until it is properly distributed. A personal representative is not allowed to transfer money or property for personal use or transfer ownership without authorization.
Failure to Notify Interested Parties
Florida probate proceedings require notice to beneficiaries, heirs, creditors, and other interested parties at various stages of the case. Failing to provide required notice can interfere with a person’s legal rights and delay administration. If someone does not receive this notice, they lose out on valuable time to seek legal counsel and file an objection. That is why it is possible for the courts to unwind certain probate actions if notice was never given.
Failure to Properly Account for Estate Assets
Personal representatives must maintain accurate financial records throughout the administration process. They should be able to explain what assets entered the estate, how estate funds were spent, and what remains available for distribution.
Improper Distribution of Estate Property
Estate assets cannot be distributed whenever the personal representative chooses. Instead, issues like tax debts and creditor claims have to be resolved before beneficiaries receive a dollar.
Failure to Follow the Terms of the Will
A valid will controls how probate assets should be distributed unless the court determines otherwise. A personal representative does not have the power to ignore the instructions because they disagree with them, even if they believe another outcome would be better for the beneficiaries.
Remedies for a Code Violation
The appropriate remedy depends on the nature of the violation and the harm it caused. Instead of relying on one-size-fits-all solutions, probate courts have broad authority to correct misconduct and protect the estate.
In some cases, the court may order the personal representative to provide a full accounting of estate finances or produce records explaining disputed transactions. If estate assets have been improperly transferred or taken, the court may order those assets returned or require financial reimbursement for the losses.
When a personal representative repeatedly violates their legal duties or engages in serious misconduct, the court may remove that individual and appoint a replacement to continue administering the estate.
Beneficiaries may also have the right to challenge improper distributions, object to estate filings, or pursue claims against individuals whose misconduct caused financial harm. Depending on the circumstances, litigation may be necessary to recover assets or resolve disputes involving the estate.
If you have questions about these remedies in a probate case, a Coral Gables code violation attorney may have the answers.
Talk to a Coral Gables Lawyer About a Violation of the Probate Code
Probate is a complicated process under the best of circumstances. If you suspect some sort of wrongdoing, now is the right time to let our firm help. Reach out to a violation of Coral Gables probate code lawyer today.