IN RE THE ESTATE OF EDWIN A. TURNER, DECEASED
IN RE THE ESTATE OF EDWIN A. TURNER, DECEASED
357 So. 2d 742
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*743] DAUKSCH, Judge.
The personal representative in the estate of the deceased paid hospital and doctors bills even though those creditors had not filed claims against the estate within the proper statutory time. Section 733.-16, Florida Statutes (1973); Section 733.702, Florida Statutes (1975). The heirs objected to the payment and the court sustained the objection. The personal representative is not authorized to pay out money from an estate except in accordance with the established statutory procedures. Twomey v. Clausohm, 234 So. 2d 338 (Fla.1970).
The order sustaining the objection is affirmed.
AFFIRMED.
ALDERMAN, C. J., and LETTS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stilwell v. Est. OF W. Powe Crosby, 519 So. 2d 68 (Fla. 5th DCA 1988)…ll claimants are required to file a claim and the filing requirement cannot be waived by the personal representative. Twomey v. Clausohm, 234 So. 2d 338 (Fla.1970). See also Lasater v. Leathers, 475 So. 2d 1329 (Fla. 5th DCA 1985); Estate of Turner, 357 So. 2d 742 (Fla. 4th DCA 1978). The holding in Barnett Bank of Palm Beach County v. Estate of Read, 493 So. 2d 447 (Fla.1986) that-the cited statute is one of limitation and not of non-claim does not alter the fact that a creditor must file a claim. The specif…
Authorities Cited
- Twomey v. Clausohm, 234 So. 2d 338 (Fla. 1970)