Executor Stealing from Estate in Miami, Florida

Discovering that a personal representative—the Florida legal term for what is commonly known as an executor—is stealing from an estate is a deeply distressing situation for beneficiaries and heirs. Unfortunately, estate theft by personal representatives occurs more frequently than most people realize. The personal representative has access to and control over the estate's financial accounts, real property, and personal belongings, creating opportunities for misappropriation. Florida law provides both civil and criminal remedies to address estate theft and protect the interests of beneficiaries.

At the Law Offices of Albert Goodwin, PA, we represent beneficiaries and heirs throughout Florida whose inheritances are being stolen or mismanaged by dishonest personal representatives. We take aggressive action to stop the theft, recover misappropriated assets, and hold the personal representative accountable.

Common Signs That an Executor Is Stealing from the Estate

Estate theft is not always obvious. Personal representatives who steal from estates often go to great lengths to conceal their actions. Beneficiaries should be alert to the following warning signs:

Financial Red Flags

Unexplained withdrawals or transfers – Large or frequent withdrawals from estate bank accounts that are not tied to legitimate estate expenses.
Declining asset values – Estate assets that are losing value without explanation, which may indicate that the personal representative is siphoning funds or selling assets and pocketing the proceeds.
Excessive fees and expenses – Inflated personal representative fees, attorney fees, or other expenses that are disproportionate to the work being performed. The personal representative may also be paying inflated invoices to companies they own or control.
Missing assets – Physical assets such as jewelry, artwork, collectibles, vehicles, or other valuables that were known to belong to the decedent but cannot be located in the estate inventory.
Unexplained real estate transactions – Sales of estate real property at below-market prices, particularly to parties connected to the personal representative.

Behavioral Red Flags

Refusal to communicate – A personal representative who avoids beneficiaries' calls and emails, refuses to answer questions, or becomes hostile when asked about estate finances.
Failure to provide accountings – A personal representative who refuses to provide accountings or provides vague, incomplete, or inconsistent accountings.
Unexplained delays – Unreasonable delays in the administration of the estate, which may indicate the personal representative is stalling to continue stealing or to cover up prior theft.
Lifestyle changes – The personal representative suddenly exhibiting a more expensive lifestyle—new car, home improvements, vacations—that is inconsistent with their known income.
Secretive behavior – The personal representative acting secretively about estate matters, changing locks on estate property, or limiting access to estate records.

Types of Estate Theft by Personal Representatives

Estate theft by personal representatives takes many forms, including:

Direct misappropriation – Transferring estate funds directly to the personal representative's personal accounts.
Skimming – Taking small amounts of cash from estate accounts over time, hoping the amounts are too small to be noticed.
Fraudulent expenses – Creating fictitious invoices or inflating legitimate expenses and pocketing the difference.
Self-dealing transactions – Purchasing estate assets at below-market value, or selling the personal representative's own property to the estate at inflated prices.
Diversion of estate income – Collecting rental income, dividends, or other estate income and keeping it rather than depositing it into the estate account.
Theft of physical assets – Taking personal property from the decedent's home, such as jewelry, art, antiques, electronics, or other valuables.
Unauthorized use of estate property – Living in estate property rent-free, using estate vehicles, or otherwise enjoying estate assets for personal benefit without authorization or compensation to the estate.

Civil Remedies for Estate Theft in Florida

Florida law provides several civil remedies for beneficiaries who discover that a personal representative is stealing from the estate.

Petition for Removal

Under F.S. § 733.504, an interested person may petition the probate court to remove the personal representative. Theft of estate assets is among the most compelling grounds for removal. The court may remove the personal representative for breach of fiduciary duty, mismanagement of estate assets, failure to perform duties, or any conduct that demonstrates unfitness to serve. When removal is granted, the court appoints a successor personal representative to take over the administration.

In urgent situations, the court may enter an emergency order suspending the personal representative's powers or appointing a curator to protect estate assets while the removal petition is pending.

Surcharge Action

A surcharge is a monetary remedy in which the personal representative is ordered to repay the estate from their own personal funds. Under F.S. § 733.609, a personal representative who improperly exercises their power is liable for any loss or depreciation in value of the estate assets resulting from the improper exercise, as well as any profit the personal representative made through the breach. The surcharge is designed to restore the estate to the position it would have been in had the theft not occurred.

Disgorgement of Fees

A personal representative who steals from the estate may be required to forfeit all compensation they received for serving as personal representative. Florida courts have broad discretion to eliminate a fiduciary's compensation entirely when the fiduciary has engaged in serious misconduct.

Constructive Trust

When stolen estate assets have been used to acquire other property, the court may impose a constructive trust on the property acquired with the stolen funds. This equitable remedy allows the estate to trace and recover assets that were purchased with misappropriated estate funds, even if the property is now titled in the personal representative's name or a third party's name.

Injunctive Relief and Asset Freezes

Beneficiaries may seek emergency injunctive relief to prevent further theft and preserve remaining estate assets. The court may issue orders freezing the personal representative's personal bank accounts (to the extent they contain traceable estate funds), prohibiting the sale or transfer of estate assets, and requiring the personal representative to turn over estate records and property.

Attorneys' Fees

The court may award attorneys' fees and costs to beneficiaries who bring successful claims against a personal representative for theft or misconduct. These fees may be charged directly to the personal representative personally, serving as an additional financial consequence for their wrongdoing.

Criminal Penalties for Estate Theft in Florida

Estate theft by a personal representative may also give rise to criminal prosecution under Florida law. The relevant criminal statutes include:

Theft Under F.S. § 812.014

Florida's theft statute applies to personal representatives who steal estate assets. The severity of the criminal charge depends on the value of the property stolen:

Petit theft (second degree misdemeanor) – Property valued at less than $100
Petit theft (first degree misdemeanor) – Property valued at $100 or more but less than $750
Grand theft (third degree felony) – Property valued at $750 or more but less than $20,000
Grand theft (second degree felony) – Property valued at $20,000 or more but less than $100,000
Grand theft (first degree felony) – Property valued at $100,000 or more

A first degree felony conviction can result in up to 30 years in prison and a fine of up to $10,000.

Exploitation of the Elderly or Disabled Under F.S. § 825.103

If the beneficiaries of the estate include elderly persons (age 65 or older) or disabled adults, the personal representative's theft may also constitute exploitation under F.S. § 825.103. Exploitation of the elderly or disabled is a serious crime in Florida, with penalties that vary based on the value of the property taken. This statute provides enhanced protections for vulnerable populations and may result in more severe penalties than a standard theft charge.

Fraud

If the personal representative engaged in fraud in connection with the theft—for example, by creating false documents, forging signatures, or making material misrepresentations to the court or beneficiaries—additional criminal charges may apply, including organized fraud under F.S. § 817.034.

How to Protect Estate Assets

If you suspect that a personal representative is stealing from the estate, time is of the essence. The following steps can help protect estate assets:

Request an accounting immediately – Under F.S. § 733.5036, you have the right to compel an accounting. Demand a detailed accounting of all estate receipts, disbursements, and distributions.
Preserve evidence – Gather and preserve any evidence you have of the theft, including bank statements, correspondence, inventory lists, photographs of missing property, and any other relevant documentation.
Consult an attorney – Contact an experienced estate litigation attorney as soon as possible. An attorney can evaluate your situation, advise you on the best course of action, and take immediate legal steps to protect remaining estate assets.
Seek emergency court relief – If assets are at immediate risk, your attorney can petition the court for emergency relief, including asset freezes, an order suspending the personal representative's powers, or appointment of a curator.
Report criminal conduct – If you have evidence of criminal theft, consider reporting the matter to local law enforcement or the State Attorney's office. While criminal prosecution does not directly recover assets for the estate, it can serve as a powerful deterrent and may lead to restitution orders.
File a petition for removal – Petition the court to remove the personal representative and appoint a successor who will act in the best interests of the estate.

Statute of Limitations

It is important to act promptly when you discover or suspect estate theft. Florida law imposes statutes of limitations on civil claims, and delay can result in the loss of your right to seek relief. Additionally, the longer theft continues unchecked, the more difficult it becomes to trace and recover misappropriated assets. The personal representative may spend, transfer, or conceal stolen assets, making recovery increasingly difficult over time.

Contact a Florida Estate Theft Attorney

At the Law Offices of Albert Goodwin, PA, we understand the urgency and emotional difficulty of discovering that a personal representative is stealing from an estate. We take swift, aggressive action to stop the theft, recover stolen assets, and hold the personal representative accountable through every available legal remedy.

Call us at 786-522-1411 or email us at [email protected] to schedule a consultation. Every day that passes may mean more assets are lost—contact us today to protect your inheritance.