A beneficiary of a Miami estate has the right to check if the fiduciary or personal representative is doing their job by asking for an accounting. The accounting will let you know if the fiduciary/personal representative is qualified to do their job or whether they are misusing estate funds, receiving personal benefits, making bad business decisions or just simple accounting errors. A Miami probate and estate attorney can help you determine whether the accounting matters are in order or whether the fiduciary has benefited monetarily.
If the accounting reveals that the fiduciary is mishandling estate funds, then you should start an accounting contest proceeding and asking the Miami-Dade probate court to remove the fiduciary. This applies to trustees of a trust as well. A Miami probate and estate attorney can help you with the matter.
Grounds for Contesting an Accounting and Removing a Fiduciary/Personal Representative
Before you file the accounting contest with the Miami-Dade probate court, you need to make sure you have sufficient grounds to have the fiduciary removed such as the fiduciary breached a fiduciary duty, broke the law or was using estate or trust funds for personal monetary gain. The fiduciary will need to defend against the allegations by showing that the fiduciary acted in a prudent and reasonable manner.
So for example, you cannot ask the court to remove a fiduciary simply because the estate lost money on a stock investment. However, if the fiduciary made a bad business decision to sell the decedent’s primary residence for $100,000 less than market value without discussing the sale terms with the beneficiaries, then you would be able to show that the fiduciary did not act in the best interests of the estate.
Since accounting contest matters are complex and most beneficiaries are unaware of the Florida estate laws, they usually hire a Miami probate and estate attorney to represent them in the matter. The Miami probate and estate attorney will review the accounting to make sure that you have sufficient grounds to file the contest, prepare the necessary paperwork for filing with the Miami-Dade probate court and represent you at the hearing.
Hiring a Miami Probate and Estate Attorney
If you are a beneficiary or an interest party to a Miami estate or trust and want to file an accounting contest or you are a fiduciary to a Miami estate or trust and you need to defend against the allegations that you are not doing your job properly, a Miami probate and estate attorney can assist you with the matter. A Miami probate and estate attorney also represents estates, executors, beneficiaries and interested parties regarding routine estate and tax matters.
If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.