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May 05

Probate Litigation | Personal Representative Liability

Written by Thomas Upchurch , , ,

Being appointed as a Personal Representative of a probate matter has positive and negative aspects. On one hand, a Personal Representative may find comfort in settling an estate as the testator wishes and being paid for his or her services at 3% of the estate value up to the first $1,000,000. See § 733.617, Fla. Stat. (2013).

On the other hand, what about the potential personal liability that may occur if a Personal Representative distributed the assets but failed to pay taxes due the state? A Personal Representative who makes a distribution in whole or part of any property prior to paying or securing the tax which is due to the state under chapter 198, or otherwise obtained a release from lien of such tax, the Personal Representative shall become personally liable for such tax. See § 198.23, Fla. Stat. (2013). For this reason and others, it’s important to you as a Personal Representative to have proper legal and probate assistance. Contact Upchurch Law for an experienced attorney working with Personal Representatives in Florida.
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