PBCBA BAR BULLETINS pbcba_bulletin_july2018 | Page 20

Part II:
In Florida, Does A Personal Representative Have Standing To
Challenge The Surviving Spouse’s Claim As An Omitted Spouse?
to satisfy the elective share or other such
issue relating directly to the administration
of the estate and is not intended to favor
one beneficiary over another or over the
surviving spouse. A personal representative
as a fiduciary has a duty of full disclosure
to all interested persons and the court,
for instance regarding knowledge of
the existence of a marital agreement
or other relevant facts. The committee
offers no opinion on whether a personal
representative may have a duty to oppose
the entitlement to the elective share based
on the existence of an apparently valid
marital agreement.
IN MEMORIAM
JUDGE EMORY NEWELL
C. ADMINISTRATOR AD LITEM
An administrator ad litem is a court-
appointed advocate for the interests
of an estate, where those interests are
jeopardized, and where the acting PR will
not or cannot defend them. See Woolf v.
Reed, 389 So. 2d 1026 (Fla. 3rd DCA 1980);
See also Fla. Prob. R. 5.120(a) which reads
in relevant part: “When it is necessary that
the estate of a decedent…be represented in
any probate…proceeding and there is no
personal representative of the estate…, or
the personal representative… is or may be
interested adversely to the estate…, or is
enforcing the personal representative’s…
own debt or claim against the estate…, or
the necessity arises otherwise, the court
may appoint an administrator ad litem…
without bond or notice for that particular
proceeding.”
PRACTICE POINTER:
In Florida, a PR does not have standing
to defend against the surviving spouse’s
petition as an “omitted spouse” when other
beneficiaries opposing the petition. As a
result, it will be necessary to appoint an
administrator ad litem to defend against the
petition. However, if the sole beneficiaries
of the estate are unnamed charitable
beneficiaries, the PR may have standing to
defend against the petition as long as the
Attorney General does not oppose the PR’s
position and there is “good cause” to oppose
the surviving spouse’s petition.
In memory of Judge Emory Newell who passed away on Monday, June 4, 2018.
Judge Newell practiced law with his father and friends until he was appointed
the first judge of the Palm Beach County Juvenile and Domestic Relations Court
in 1961. He served thirty years as a Circuit Court judge before retiring in 1991.
Contributions may be made in Judge Newell’s memory to the Historical Society
of Palm Beach County. (hspbc.org/donate)
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Join the Palm Beach County Bar Association for its
JUDICIAL CANDIDATE LUNCHEON
Wednesday, July 25, 2018
11:30 a.m. to 1:30 p.m.
Marriott
1001 Okeechobee Blvd.
West Palm Beach
Early Registration Fee:
$35.00 for PBCBA members
Judges are complimentary
$50.00 for attorneys who are not PBCBA members
This Judicial Candidate Luncheon includes local applicants running for both
County and Circuit Court seats.
RSVP TODAY @ WWW . PALMBEACHBAR . ORG
price increases after $5.00 after 7/20/18
PBCBA BAR BULLETIN
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