It is for this reason that the UPC sidesteps the contractual issue and simply provides the personal representative
the authority to pay the pledge "where he believes the decedent would have wanted him to do so without exposing himself to surcharge." The rub is that when Florida adopted the UPC and, specifically when it adopted [section]3-715, subsection (4) was one of the only powers it did not adopt.
They sought an order directing the new personal representative
to file an amended inventory, accounting, and federal estate tax return utilizing the Ryan sale prices, instead of the estate appraiser's appraisal values.
(7.) What about fees for personal representatives
? There is nothing wrong with personal representatives
expecting a fee for all the work that they do.
Out-of-state board members objected when RPPTL asked last fall to renew its long-standing opposition to changing the state law on personal representatives
. They dropped that opposition when section officials agreed to meet with the division to discuss the division's reservations.
Many of these individuals will take on the role of personal representative
(executor) of their parents' estates when their parents die and will receive compensation from the estate for these services.
The privacy rule allows a health care provider or health plan not to treat a parent as a minor's personal representative
, given a reasonable belief that the parent has subjected or may subject the minor to domestic violence, abuse or neglect, or that treating the parent as the personal representative
could endanger the minor.
The law does not explicitly acknowledge that decedents' directives regarding allocation are controlling and does not allocate basis increases if the personal representative
fails to do so.
A single parent will not have a spouse to name as a Personal Representative
, and therefore, needs to name a family member, a close friend, or consider appointing a trust company to act as a Personal Representative
The parochial interests which are protected under the current statute (which is unique among the 50 states in its particular discrimination against out-of-state personal representatives
) are clear.
may be called on to: 1) file Florida estate tax returns; 2) request refunds of Florida estate tax; 3) claim credits for prior transfers of tax in related estates; 4) comply with tax recapture provisions; 5) seek deferral of estate tax payment in certain circumstances; 6) receive release from estate tax liens on property; and 7) claim benefits of Florida generation-skipping transfer tax provisions.
Part 1 provides all of the procedures necessary to follow the logical progression of the estate administration from the time that the personal representative
applies for a grant through to the accounting and final distribution of property to the beneficiaries.
He later executed a codicil to the will empowering his personal representatives
to "compensate persons who have contributed to my well-being or who have been otherwise helpful to me during my lifetime" by allocating to each a combination of personal property, cash or securities, or both in an amount that his personal representative
deemed fair for services rendered.