Slater v. Slater
Slater v. Slater
Opinion of the Court
The parties are the son and daughter and only heirs of their mother Elizabeth D. Slater who died intestate in 1966. The son was originally appointed personal representative of the mother’s estate and continued until December 8, 1980, when he was removed and the daughter appointed. During the 14 odd years that the son was the personal representative many partial distributions of both money and real property were made to both the son and the daughter. A final accounting was amended by the court and
The ratio distribution proposed by the daughter related to both the cash and the real property. In view of the fact that at the time of final distribution the son had already received partial distributions of
The title to real property owned by an intestate decedent descends at death directly to the heirs subject to the administration of the estate. See Ray v. Rotella, 425 So.2d 94 (Fla. 5th DCA 1982). However, where, as here, unequal partial distributions are made to equal heirs during the administration of the intestate estate, the personal representative has the duty, and the probate court has the authority and jurisdiction, at final distribution, to settle and distribute the estate of the decedent in accordance with the applicable law governing the descent and distribution of intestate estates. See §§ 733.602(1) and 733.608(3), Fla.Stat. (1981). Under section 732.103(1), Florida Statutes (1981), the son and daughter in this case inherited equal shares in their mother’s estate. There are several ways that the inequality resulting from the unequal partial distributions can be eliminated. To the extent that the son obtained partial distributions in excess of that of the daughter, the excess distributions to the son could be treated as improperly distributed and the son be required to return to the estate the property improperly received and its income since distribution, or its value plus income and gain, under the authority of section 733.812, Florida Statutes (1981). If, because of the unequal partial distributions it is now not practicable to distribute undivided interests in the residue of the estate property, such property of the estate as may be necessary can be converted to cash for the necessary unequal final distribution needed to equalize the total shares of the heirs. See § 733.810(l)(b), Fla.Stat. (1981).
The daughter is not entitled to an appreciation adjustment on the excess partial distributions of real estate received by the son. She should have acted long ago to have kept the partial distributions substantially equal and to close the estate and have a final distribution. The son should either pay the daughter directly from his own funds one-half of the $39,162.06 of excess distributions he has received with legal interest thereon from receipt of the excessive distributions to the present, or sufficient assets of the estate should be sold so that an additional $39,162.06 plus legal interest thereon can be distributed to the daughter in order to equalize their partial distributions from the estate and then the remaining assets of the estate distributed equally.
As it relates to distribution of both the cash and the real property the appealed order of January 9, 1982, is reversed and this cause is remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
. This figure is based on Schedule E of the final accounting which, as amended, shows the sum of $18,631.01 as one-half of the excess distributions other than real property to John David Slater. When doubled, this gives the sum of $37,262.02 as the total amount of excess distributions of cash and personal property to John David Slater. The $18,631.01 figure on Schedule E was obtained as follows:
(a) Cash $ 9,016.64
(b) Furniture $ 500.00
(c) Stock $ 114.37
(d) Rent $ 9,000.00
Subtotal $18,631.01
The following is a comparison of partial distributions to the son, Schedule D-2, with partial distributions to the daughter, Schedule D-l, using the correct figures:
PARTIAL DISTRIBUTIONS JOHN SLATER CARRIE SLATER EXCESS TO JOHN SLATER
Cash $26,450.77 $ 8,417.49 $18,033.28
Personal Property
Furniture $ 1,000.00 $ 1,000.00
Stock $ 228.78 $ 228.78
Rent from Real Property $ 9,000.00 $ 9,000.00
SUBTOTAL $28,262.06
Real Property $31,200.00 $20,300.00 $10,900.00
Correct TOTAL of excess distributions to John Slater $39,162.06
. Actually, the final judgment appears to divide 354,508.80 by 76,097.60 to obtain the figure .2164 but this is assumed to be a typographical error.
. See n.l, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.