How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6845
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
18215332
Type Your Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

What crime , please describe it, when a person fraudulently

Customer Question

what crime , please describe it, when a person fraudulently acts as PR , defying FS 733.614? 733.614 Powers and duties of successor personal representative.—A successor personal representative has the same power and duty as the original personal representative
to complete the administration and distribution of the estate as expeditiously as possible, but shall not exercise any power made personal to the personal representative named in the will without court approval.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
Has any court made a determination that the PR has acted fraudulently? what has the PR done, or failed to do which you claim is in violation of those Florida probate statutes?
Customer: replied 1 year ago.
no, the guy has not even filed anything in Probate CT. but is acting as PR, he is having a funeral to collect donations to a college fund for 2 kids, but the mother & deceased father had& stil exista the true funded college fund. keeping this simple .. what is the law thats broken?
Customer: replied 1 year ago.
Point there is no court approval. ====wrong doings defies ........... " but shall not exercise any power made personal to the personal representative named in the will without court approval."
Expert:  Irwin Law replied 1 year ago.
I understand. If those are the facts, then a crime is being committed and you should report the situation to your County prosecutor. There are state laws prohibiting false solicitations for charities. You cannot pursue them yourself, but the local prosecutor can.
Customer: replied 1 year ago.
thanks but again .....what is the law being broken when acting as the PR in contrast to the statute last section. quote " but shall not exercise any power made personal to the personal representative named in the will without court approval."you see.. The guy has exercised PR powers without court approval.
Expert:  Irwin Law replied 1 year ago.
You are quoting sections of the Florida probate code, but with no estate being opened, those sections are meaningless. They apply only to matters that are before the probate court, and they have nothing to do with crimes of any kind. What You are looking for is under the general heading of "obtaining money by false pretenses". Here is a list of all of the Florida statutes that deal with such crimes. You'll have to pick the section that fits the activity you are aware of. http://www.flsenate.gov/Laws/Statutes/2011/Chapter817/PART_I/
I hope this answers your question, and that you can now assign a positive rating.
Customer: replied 1 year ago.
so you are unable to pinpoint the section & statute dealing with my question?
Customer: replied 1 year ago.
i get this oops page when pasting your hyperlink given above. http://www.flsenate.gov/Laws/Statutes/NoSuchSection
Customer: replied 1 year ago.
i see your off line, so i'll look for a specific infraction cited by your expert knowledge .... per my not so deep of a question.
Expert:  Irwin Law replied 1 year ago.
It is in the FLORIDA SOLICITATION OF CONTRIBUTIONS ACT. see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0496/0496.html Scroll down to sections 415, 416, 417. Hopefully this fully answers your question, and you will enter a positive rating.
Expert:  Irwin Law replied 1 year ago.
Hello Again. Do you have any further questions? If not, I hope that you will take the time to enter a positive rating for my Answer so that I will be compensated for assisting you. Thanks again for using JUST ANSWER.

Related Estate Law Questions