When Can a Florida Personal Representative File a Lawsuit on the Estate’s Behalf?

The personal representative (executor) of a Florida probate estate has a number of responsibilities. One of them is initiating any legal action on behalf of the decedent’s estate. This includes any claims the deceased would have brought had they not died.

Of course, before a personal representative can take such action, they must first obtain what are known as letters of administration. These are legal documents issued by a Florida probate court granting the personal representative legal authority to administer a deceased person’s estate. Without letters of administration, a would-be personal representative has no legal authority.

New York Court Dismisses Malpractice Claim Due to Personal Representative’s Lapsed Appointment

This is not a mere technicality. There are many cases where someone thought they had authority to act as a personal representative but did not. As a result, they were unable to pursue an otherwise valid legal claim on behalf of their decedent’s estate.

There was a recent example of this in New York. This case, Brooks v. Winston & Strawn LLP, actually involved a Florida probate estate. Basically, the decedent in this case hired the defendants, a well-known criminal defense law firm, to represent him in a federal grand injury investigation. Unfortunately, that investigation ended in the defendant’s conviction on numerous criminal charges. He subsequently died in prison in October 2016. As the decedent’s criminal appeals were still pending when he died, the charges were formally dismissed.

The personal representative of the decedent’s Florida estate subsequently filed a lawsuit in New York County Supreme Court, accusing the defendants of legal malpractice and breach of fiduciary duty. In October 2024, a Manhattan judge dismissed the lawsuit. Among other reasons, the judge said the personal representative “was not authorized” to bring the lawsuit in the first place.

Essentially, the Florida probate court issued letters of administration to the personal representative in 2016 but subsequently closed the file in November 2020. The personal representative did not file the legal malpractice lawsuit until September 2021. Although he later got the Florida probate court to reopen the estate and issue new letters of administration, that did not matter. The New York court held that when the personal representative filed the lawsuit, he was technically not the personal representative. And by the time the Florida court re-appointed him to that position in July 2022, it was too late for the personal representative to act, because New York’s 3-year statute of limitations for legal malpractice cases had long expired.

Contact a Pompano Beach Estate and Trust Litigation Attorney Today

Just like attorneys have a fiduciary duty to their clients, personal representatives have a fiduciary duty to the beneficiaries of the estates they oversee. Any breach of that duty can lead to substantial litigation. If you are involved in such a legal dispute it is best to work with an experienced Pompano Beach estate and trust litigation attorney. Contact the offices of Mark R. Manceri, P.A., today at 954-491-7099 to schedule an initial consultation with a member of our staff.

Source:

scholar.google.com/scholar_case?case=521705867570259926