In re Estate of Turner

Full title: IN RE THE ESTATE OF EDWIN A. TURNER, DECEASED

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 10, 1978

357 So. 2d 742 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1045.

April 10, 1978.

Appeal from the Circuit Court, Broward County, Otis Farrington, J.

Michael N. Gomes, of Weck Stone, P.A., Pompano Beach, for appellant William B. Dibble, as Personal Representative of the Estate of Edwin A. Turner, deceased.

Samuel S. Smith, of Smith, Mandler, Smith, Werner Jacobowitz, P.A., Miami Beach, for appellees Katherine Turner Clyde and Earl J. Turner.

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.