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Premature Discharge of Personal Representative

Written by on Jan 11, 2018| Posted in: Probate

In re: Estate of Lillian L. Unanue (43 Fla.L.Weekly D70a) – On November 17, 2016, the co-personal representatives of the Estate of Lillian Unanue (“Estate”) filed a final accounting and petition for discharge.  The documents were served on the beneficiaries, including Robert and George Unanue.  The probate court entered an order of discharge on December 5, 2016, just 18 days after the petition was filed.  Subsequently, on December 16, 2016, Robert and George filed timely objections to the final accounting and petition for discharge, but the estate was already closed.  In the appeal, Robert and George sought reversal of the order of discharge because it was entered prematurely and curtailed their right to object to the accounting.  The Second District Court of Appeal agreed, citing Florida Probate Rule 5.400(b)(6), which states, in pertinent part, that “any objections to the accounting, the compensation paid or proposed to be paid, or the proposed distribution of assets must be filed within 30 days from the date of service of the last of the petition for discharge or final accounting.”  In this case, the lower court judge entered an order discharging the co-personal representatives before the expiration of the time allowed for objections, thereby curtailing the beneficiaries’ rights.  The Second DCA held that “the premature entry of the order of discharge therefore did not allow for consideration of the timely-filed objection.  Accordingly we reverse the order of discharge…”  

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