CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...es otherwise." An administrator ad litem may *784 be appointed where the adverse interest of the personal representative does not interfere with the administration of the estate as a whole and therefore does not warrant the representative's removal. § 733.504(9), Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 487, 2011 Fla. LEXIS 2048, 2011 WL 3847252
...nal award of appellate attorney's fees is denied. It is so ordered. PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur. CANADY, C.J., and POLSTON, J., concur in result. NOTES [1] This case does not involve a proceeding filed under probate code sections
733.504, Florida Statutes (2007), and
733.506, Florida Statutes (2007), which provide for an adversary proceeding to remove a personal representative for reasons set forth in section
733.504....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2014 WL 1908813, 2014 Fla. App. LEXIS 7110
...4th DCA 1985) (holding that an order to show cause failed to comply with rule 3.840 because it did not state any facts constituting contempt, or even state whether contempt was civil or criminal). We further find that appellant did not receive proper notice prior to his removal as personal representative. Section 733.504(3), Florida Statutes (2012), permits the removal of a personal representative for “[fjailure to comply with any order of the court.” “The removal of a personal representative chosen by the deceased is a drastic action and should...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1988 WL 63459
...erve, however, must be when the appointment is made by the court. The question of whether that person is unsuitable to continue as personal representative is determined when the question of removal arises and under an entirely different statute, see §
733.504, Fla. Stat. (1985), from the statutes governing the appointment of personal representatives. See §§
733.301-733.305, Fla. Stat. (1985). See also, In re Zartner's Will, 183 Wis. 506, 198 N.W. 363 (1924). The removal statute, section
733.504, sets forth causes for removal which generally do not arise or are not discovered until after the appointment....
...If the person takes the required oath and agrees to faithfully administer the estate, he should be appointed. Of course, if the personal representative actually interferes with the proper administration of the estate, causes a waste of assets, or otherwise meets one of the conditions specified in section 733.504, he can be removed....
...m to acquire such knowledge of the assets and the actions to be taken in relation thereto. This, however, is no reason to refuse to appoint or even to remove a person entrusted with the administration of an estate by a testator. See §§
733.303 and
733.504. Although the appellant can be removed after his appointment if cause for his removal arises under section
733.504, the court cannot refuse to appoint him on the grounds that he may be subject to removal later....
...t with the best interests of the estate. He shall use the authority conferred upon him by this code, the authority in the will, if any, and the authority of any order in proceedings to which he is party, for the best interests of interested persons. Section 733.504 specifies among the grounds for removal of a personal representative the following: (5) The wasting or maladministration of the estate....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 WL 524404
...aive punitive damages for an admission of liability, the individual beneficiaries, at most, could have sought removal of the personal representative in the probate court. The probate code provides the causes for removal of a personal representative. Section 733.504, Florida Statutes (2000), states: Causes of removal of personal representative....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...However the responsibility for the lack of timely filing must be shared by Pace's co-executor. Furthermore, the accountings were eventually filed and no prejudice or harm to the estate resulting from the late filing has been shown. Removal of a personal representative pursuant to Section 733.504 Florida Statutes (1975) (formerly Section 734.11) involves the exercise of the trial court's discretion....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304
...The other copersonal representative not only refused to concur in the appeal, but opposed it. This court did not at once dismiss the appeal, but remanded for determination of whether the co-personal representative's refusal to join in the appeal constituted grounds for her removal pursuant to section 733.504, Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 154776
...preserve the assets in lieu of appointing the named personal representative, without proof that such an extraordinary measure was necessary. In the instant case, there were other, more appropriate alternatives than a curatorship. For example, under Section 733.504, Florida Statutes (1989), the court could have appointed the appellant as personal representative, but remove him if he interferes with the proper administration of the estate, causes a waste of assets, or meets any of the conditions specified in the statute....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 72152
...Carle of Hodges & Carle, P.A., Zephyrhills, for appellee. CAMPBELL, Acting Chief Judge. We are asked here to determine whether the personal representative of this estate has a conflict with the estate such that he must be removed from that position under section 733.504(9), Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29030
...e petition would disinherit the other beneficiaries, it is significant to note that the exercise of the right to the elective share, family allowance, or exemptions under the code is not typically cause to remove a spouse as personal representative. § 733.504(9), Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1979 U.S. Dist. LEXIS 15301
...If Mr. Malkin were appointed co-personal representative and it subsequently became apparent that his nonresidency (or other reasons) prevented his performance of the duties of that position, this would constitute grounds for removal, under Fla.Stat. § 733.504(2)....
...of a felony. (b) He is mentally or physically unable to perform the duties. (c) He is under the age of 18 years. (2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s.
733.301. [6] §
733.504 Causes of removal of personal representative.A personal representative may be removed and his letters revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law: (1) Adjudication of incompetency....
...ersonal representative. (11) Removal of domicile from Florida, if the personal representative is no longer qualified under part III of this chapter. Note that automatic removal of a personal representative for removal of domicile from Florida, under §
733.504, is subject to the same attacks as automatic disqualification for nonresidency under §§
733.302, .304.
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 255240
...o agree that appellant has not been accorded due process of law, and the order appealed should be reversed. Such, however, is not the case. Sackett,
171 So.2d at 909-10. Such is the case in the instant case; the court removed Edelman for cause under section
733.504, Florida Statutes, without first giving him an opportunity to present evidence against the petition for removal....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 212142
...Further, there is no evidence of implied authorization from the circumstances surrounding the execution of the documents. Therefore, we reverse the trial court's finding that the two certificates of deposit were not estate assets. [2] In reversing the first issue, we must also reverse the third issue. According to Section 733.504(9), Florida Statutes, a personal representative may be removed for holding or acquiring conflicting or adverse interests against the estate which will adversely interfere with the administration of the estate as a whole....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.207, Fla. Stat. Establishment and probate of lost or destroyed will. §
733.208, Fla. Stat. Discovery of later will. §
733.504, Fla....
...§
733.2123, Fla. Stat. Adjudication before issuance of letters. *210 §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.504, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1168
...The appellants alleged that Giller's statement that his firm could not carry out its duties under the will without a signed retainer agreement was the holding or acquiring of a conflicting or adverse interest against the estate which would or might interfere with the administration of the estate as a whole. See § 733.504(9), Fla....
...essly, consented to McGowan's representation of the estate. [5] It is apparent from our review of the record that the parties also put at issue, by consent, the question of whether Giller should be removed for wasting or maladministering the estate. § 733.504(5), Fla. Stat. (1983). [6] See n. 1 supra. [7] The existence of undue influence can result in total or partial revocation of a will. It can indirectly, therefore, be a ground for removal of a personal representative. § 733.504(10), Fla. Stat. (1983). Section 733.504 does not, however, establish as a ground for removal something less than undue influence, such as impropriety and overreaching....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 77623
...[5] Therefore, we must reverse the trial court's order designating the accounts as non-estate assets. See Gentzel v. Estate of Buchanan,
419 So.2d 366 (Fla. 1st DCA 1982); review denied,
426 So.2d 26 (Fla. 1983); King v. Estate of King,
554 So.2d 600 (Fla. 1st DCA 1989), review denied,
564 So.2d 487 (Fla. 1990). Section
733.504(9), Florida Statutes, provides that a personal representative may be removed for holding or acquiring conflicting or adverse interests against the estate which will adversely interfere with administration of the estate as a whole....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3613178
...of fact might conclude that appellant did, in fact, have a conflict of interest at the time he requested appointment. We note that, to the extent that, on remand, there exists a legitimate concern about whether appellant has a conflict of interest, section 733.504(9), which lists causes for removal of a personal representative once appointed, includes as a ground "[h]olding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole." We reverse the trial court's appointment of Ms....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2013 WL 1442256, 2013 Fla. App. LEXIS 5651
...Reversed and remanded for proceedings consistent with this opinion. . The parties agree that Mr. Eisen was unqualified for such an appointment under the laws of Florida and of New York (where the appointment was made), because he had a prior felony conviction. See § 733.504(1 )(a), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...§
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.504, Fla....
...Contents of accountings by removed fiduciaries are now governed by rule 5.346. Editorial changes in (a), (c), and (d). Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
731.201(21)(23), Fla. Stat. General definitions. §
733.504, Fla....
CopyPublished | Florida 4th District Court of Appeal
...“If the record supports the conclusion that a person lacks the necessary
qualities and characteristics, the court has discretion to refuse to appoint
even a person occupying a position of statutory preference who is not
specifically disqualified by [section 733.504, Florida Statutes (titled
“Removal of personal representative; causes for removal”)].” Schleider, 770
6
So....
...2d at 1254 (“If the record supports the
conclusion that the person lacks the necessary qualities and
characteristics, the court has discretion to refuse to appoint even a person
occupying a position of statutory preference who is not specifically
disqualified by [section 733.504].”)....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...§
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.504, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate. F.S.
733.207 Establishment and probate of lost or destroyed will. F.S.
733.208 Discovery of later will. F.S.
733.504 Causes of removal of personal representative....
...her than by mailing; change in (d) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S.
733.109 Revocation of probate. F.S.
733.201 Proof of wills. F.S.
733.504 Causes of removal of personal representative....
...1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.502 Resignation of personal representative. F.S.
733.504 Causes of removal of personal representative....
...Paragraph (b) amended to parallel interim accounting rules. Deletes ability to extend time to file and adds reference to court power to punish for contempt. Committee notes expanded. Editorial changes. Citation form changes in committee notes. Statutory References F.S. 733.504 Causes of removal of personal representative....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate. F.S.
733.207 Establishment and probate of lost or destroyed will. F.S.
733.208 Discovery of later will. F.S.
733.504 Causes of removal of personal representative....
...her than by mailing; change in (d) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S.
733.109 Revocation of probate. F.S.
733.201 Proof of wills. F.S.
733.504 Causes of removal of personal representative....
...1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References: F.S.
733.302 Who may be appointed personal representative. F.S.
733.303 Persons not qualified. F.S.
733.502 Resignation of personal representative. F.S.
733.504 Causes of removal of personal representative....
...Paragraph (b) amended to parallel interim accounting rules. Deletes ability to extend time to file and adds reference to court power to punish for contempt. Committee notes expanded. Editorial changes. Citation form changes in committee notes. Statutory References F.S. 733.504 Causes of removal of personal representative....
CopyPublished | Supreme Court of Florida
208, Fla. Stat. Discovery of later will. §
733.504, Fla. Stat. Removal of personal representative;
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...Statutory References §
92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. §
733.101, Fla. Stat. Venue of probate proceedings. -§ — 733.-109, Fla. Stat. Revocation of pro- §
733.201, Fla. Stat. Proof of wills. *34 §
733.504rFla....
...§
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.504, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...tice. Surety authorized to petition for removal. 1984 Revision: Editorial changes. Provisions in prior rule for contempt have been deleted since the court has the inherent power to punish for contempt. Committee notes revised. Statutory References F.S. 733.504 Causes of removal of personal representative....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7894
...preserve the assets in lieu of appointing the named personal representative, without proof that such an extraordinary measure was necessary. In the instant case, there were other, more appropriate alternatives than a curatorship. For example, under Section 733.504, Florida Statutes (1989), the court could have appointed the appellant as personal representative, but remove him if he interferes with the proper administration of the estate, causes a waste of assets, or meets any of the conditions specified in the statute....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2496, 1986 Fla. App. LEXIS 10865
brother as personal representative is based on section
733.504(9), Florida Statutes (1985), which provides
CopyPublished | Supreme Court of Florida
...Adjudication before issuance of letters.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.305, Fla. Stat. Trust companies and other corporations and
associations.
§
733.504, Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...Notice; method and time; proof. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. £ CD m CD U, CM Qp ¡3 O m u <D PH m §
733.502, Fla. Stat. Resignation of personal representative. §
733.504, Fla....
...2002 Revision: Entire rule amended. Contents of accountings by removed fiduciaries are now governed by rule 5.346. Editorial changes in (a), (c), and (d). Committee notes revised. Statutory References §
731.201(21), Fla. Stat. General definitions. §
733.504, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2810
...5 Therefore, we must reverse the trial court’s order designating the accounts as non-estate assets. See Gentzel v. Estate of Buchanan,
419 So.2d 366 (Fla. 1st DCA 1982); review denied,
426 So.2d 26 (Fla.1983); King v. Estate of King,
554 So.2d 600 (Fla. 1st DCA 1989), review denied,
564 So.2d 487 (Fla.1990). Section
733.504(9), Florida Statutes, provides that a personal representative may be removed for holding or acquiring conflicting or adverse interests against the estate which will adversely interfere with administration of the estate as a whole....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...§
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. *1075 §
733.207, Fla. Stat. Establishment and probate of lost or destroyed will. §
733.208, Fla. Stat. Discovery of later will. §
733.504, Fla....
...Statutory References §
92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla. Stat. Revocation of probate. §
733.201, Fla. Stat. Proof of wills. §
733.504, Fla....
...§
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.302, Fla. Stat. Who may be appointed personal representative. §
733.303, Fla. Stat. Persons not qualified. §
733.305, Fla. Stat. Trust companies and other corporations and associations. §
733.504, Fla....
...Contents of accountings by removed fiduciaries are now governed by rule 5.346. *1136 Editorial changes in (a), (c), and (d). Committee notes revised. 2003 Revision: Committee notes revised. Statutory References §
731.201(21), Fla. Stat. General definitions. §
733.504, Fla....
CopyPublished | Supreme Court of Florida
...Stat. Revocation of probate.
§
733.207, Fla. Stat. Establishment and probate of lost or
destroyed will.
§
733.208, Fla. Stat. Discovery of later will.
§
733.212, Fla. Stat. Notice of administration; filing of
objections.
§
733.504, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...§
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.207, Fla. Stat. Establishment and probate of lost or destroyed will. §
733.208, Fla. Stat. Discovery of later will. §
733.504, Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 14931
...moval as personal representative. Many of the allegations are not artfully stated or consist of conclusions of law. However, in considering the entire petition, we believe there are sufficient allegations to state a cause of action for removal under Section 733.504(5) of the Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...“If the record supports the conclusion that a person lacks the necessary
qualities and characteristics, the court has discretion to refuse to appoint
even a person occupying a position of statutory preference who is not
specifically disqualified by [section 733.504, Florida Statutes (titled
“Removal of personal representative; causes for removal”)].” Schleider, 770
So....
...2d at 1254 (“If the record supports the
conclusion that the person lacks the necessary qualities and
characteristics, the court has discretion to refuse to appoint even a person
occupying a position of statutory preference who is not specifically
disqualified by [section 733.504].”)....
CopyPublished | Supreme Court of Florida
...Adjudication before issuance of letters.
§
733.302, Fla. Stat. Who may be appointed personal representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.305, Fla. Stat. Trust companies and other corporations and
associations.
§
733.504, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...The trial court rendered an order, consistent with its oral
pronouncement, finding that Appellant “committed multiple violations of her
fiduciary duties as Personal Representative, each and all of which are
causes for removal under Fla. Stat. § 733.504,” and that, because she
breached “various duties [she] owes to the beneficiaries of the Trust” her
removal as Trustee “best serves the interests of the beneficiaries.” §
733.504, Fla....
...s
reviewed by an appellate court for abuse of discretion.”) The trial court found
that Appellant “committed multiple violations of her fiduciary duties as
Personal Representative, each and all of which are causes for removal under
Fla. Stat. § 733.504(3).” In enumerating each cause for removal, the trial
court included specific examples of Appellant’s actions, including those listed
below:
• Failure to comply with the Letters of Administration and the Order
Appointing...
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 12466, 2017 WL 3727050
...revocation petition insofar as a successful revocation would have subjected the personal representative—whom appellant alleged was improperly administering the estate and giving preferential treatment to the other beneficiaries—to removal under section 733.504(10), Florida Statutes (2014)....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1790, 1984 Fla. App. LEXIS 14666
...Nonetheless, at this time, we decline to dismiss the appeal. Rather, we relinquish jurisdiction to the trial court to conduct an eviden-tiary hearing to determine whether appel-lee’s refusal to join in this appeal constitutes cause for her removal pursuant to section 733.504, Florida Statutes (1983)....
...al. Cf. In re Estate of Goldner,
389 So.2d 334 (Fla. 4th DCA 1980). In any event, we respectfully request that the trial court furnish us with a copy of the order entered on remand. REMANDED WITH INSTRUCTIONS. HURLEY, DELL and WALDEN, JJ., concur. . Section
733.504, Florida Statutes (1983), provides: Causes of removal of personal representative....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21159
...ition to remove the nephew and the lawyer, citing numerous examples of mismanagement and negligence on the part of the fiduciaries. In his final judgment, the trial judge found the petitioners had failed to prove sufficient grounds for removal under Section 733.504, Florida Statutes (1981)....
