KIM LAW, AS PRIOR SUCCESSOR PERSONAL REPRESENTATIVE OF THE ESTATE OF GENEVA JARVIS
v.
REUBEN WILLIAMS, IV, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GENEVA E. JARVIS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A surcharge award against a personal representative must reflect the actual loss caused by the breach of fiduciary duty and cannot place the estate in a better position than it would have occupied without the breach.
[1] A surcharge award against a personal representative must be limited to the actual loss caused by the breach of fiduciary duty and cannot exceed the amount necessary to pl…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a surcharge award must reflect the actual loss caused by the breach and may not place the estate 'in a better position than [it] would have occupied without the breach of fiduciary duty.'”
Court's statement of the legal standard for surcharge awards against personal representatives.
Kim Law, as personal representative of the Estate of Geneva Jarvis, obtained a $300,000 offer to purchase the estate's primary asset, a parcel of real…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-1054 LT Case No. 2021-CP-002709
KIM LAW, as prior Successor Personal Representative of the Estate of Geneva Jarvis, Appellant,
v.
REUBEN WILLIAMS, IV, as Personal Representative of the Estate of Geneva E. Jarvis, Appellee.
On appeal from the Circuit Court for Marion County. Bradley E. King, Judge.
Lynn Buchanan, of the Buchanan Law Offices, PLLC, Gainesville, for Appellant.
No Appearance for Appellee.
May 29, 2026
PER CURIAM.
Appellant, Kim Law, as prior successor personal representative of the Estate of Geneva Jarvis, appeals an order granting a petition to surcharge Law in the amount of $300,000. On appeal, Law argues that competent, substantial evidence does
not support the finding that the Estate suffered damages in that amount. We agree.
The Estate's primary asset is a parcel of real property. While serving as personal representative of the Estate, Law obtained an offer to purchase the property in the amount of $300,000. However, the sale was delayed, and the potential buyer eventually backed out.
Thereafter, an interested party petitioned the court to surcharge Law, alleging that she breached her fiduciary duty and caused the loss of the sale. After an evidentiary hearing, the trial court granted the petition in the full amount of the withdrawn offer of $300,000.
On appeal, Law argues that there was no evidence that the Estate was damaged in the amount of $300,000. “A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty." § 733.609(1), Fla. Stat. (2024). But a surcharge award must reflect the actual loss caused by the breach and may not place the estate “in a better position than [it] would have occupied without the breach of fiduciary duty.” Brush v. Coppelli, 407 So. 3d 518, 519 (Fla. 5th DCA 2025); see Kinchla v. Ran Invs., LLC, 397 So. 3d 1064 (Fla. 6th DCA 2024).
In this case, the undisputed evidence established that the Estate still owns the property. Moreover, there is no evidence that the property lacks value, cannot be sold, or that the Estate otherwise realized a loss in the amount of $300,000. For these reasons, we reverse the order and remand for further proceedings.
REVERSED and REMANDED.
JAY, C.J., and WALLIS and EISNAUGLE, JJ., concur.