What if I do not agree with the Inventory in a Florida Probate Case?
This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it.
An accounting is required to provide notice of the time to object. The notice shall state that objections to the accounting or inventory must be filed within 30 days from the date of service of the notice. Any interested person may file an objection to any accounting within 30 days from the date of service. If an objection if filed later than 30 days it is deemed to be abandoned. The objection shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds upon which the objection is based. All objections must be served on the fiduciary who filed the accounting as well as all other interested persons.
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The main job of the PR is to manage the
One problem I have seen in
The Court reasoned that artwork in not fungible. From that, and the testimony of the experts (and commenting that unlike this case, sales of fractional interests in real estate sales had comparable sales evidence of discounts) the Court concluded, in general, that a hypothetical willing seller of an undivided interest in art would rather sell the whole piece and split the proceeds, then sell a fractional interest at a discount. Such a sale might be by agreement or might be by partition. But, because a partition could be sought, no hypothetical willing seller would accept anything less than full value.