Can a judge settle an estate without the beneficiaries' input?

Asked almost 2 years ago - Ocala, FL

My parent's estate started out at 150k but the attorney's fee has left it at about 15k and it is not settled yet. Does a judge now decide all matters because the estate has gone under a certain dollar figure? And the beneficiaries have no more say? Is this called a summary admin?

Attorney answers (3)

  1. Jeramie J. Fortenberry

    Contributor Level 12

    5

    Lawyers agree

    Answered . The judge's responsibility is to distribute the estate in accordance with the last will and testament (if there is one) or Florida intestate law (if there isn't a will), and to be sure that all attorneys' fees are reasonable. Beneficiaries are involved in the probate proceeding, either through formal notice or waiving formal notice. If you have an objection, you should hire an attorney and file documents to let the court know about it.

    Don't take anything written here as legal advice.I am happy to offer my thoughts free of charge, and I would... more
  2. Dana Laganella Gerling

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . A Summary Administration is for estates with less than $75,000 in value along with homestead property. The Judge does not decide where the assets are to go, he or she just ensures that all beneficiaries have been given proper notice and that the distribution is in compliance with Florida statutes or the Last Will and Testament.

  3. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . No. A judge would generally only get involved if the parties petition the court's direction or if the estate is supervised. You have a very unusual situation and you would likely benefit from at least consulting with an attorney because it does not make sense why the attorney fees would chew up 90% of the estate.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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