Mathis v. Estate of Mathis
Mathis v. Estate of Mathis , --- So.2d --- (Fla. 3d DCA 2015), No. 3D14-2332 This case deals with the ability of a beneficiary to seek further administration of an estate pursuant to Florida Probate Rule 5.460. The decedent executed a last will leaving her homestead property to her daughter. The will also provided that if the property was sold for whatever reason, the proceeds from the sale would be divided and distributed among her daughter, her son, and her other children and grandchildren. For ten years following the decedent's death, the son continued to live at the property. When a tax deed sale was imminent, the daughter filed a petition for administration and sought the appointment of a curator. The son paid the outstanding property taxes to avoid the tax deed sale. The curator filed a petition to determine homestead status and the trial court admitted the will to probate. Once the trial court entered the order determining homestead status, the curator was disc