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Mrs. Pert signed the inventory which showed that Mr. Riffe's
estate included assets with a total estimated fair market value
of $469,358. All of that property less an amount for
administrative costs was transferred to Mrs. Pert ($469,358 -
$96,823 = $372,535).
A personal representative must file an inventory of property
of the estate. Fla. Stat. Ann. sec. 733.604(1) (West 1988).4
The personal representative of an estate is required to list only
assets belonging to the deceased in his or her individual
capacity that pass through probate; jointly held properties such
as assets held by the entireties should not be listed. Florida
Bar v. McKenzie, 581 So. 2d. 53, 54 (Fla. 1991); Hill v. Morris,
85 So. 2d 847, 851 (Fla. 1956). Kaltenbach had represented
several hundred estates. His normal practice was to identify the
property in which the decedent had sole ownership and to estimate
the fair market value of the property. He believed that the
4Fla. Stat. Ann. sec. 733.604(1) (West 1988) provides:
(1) Within 60 days after issuance of letters, a
personal representative who is not a curator or a
successor to another personal representative who has
previously discharged the duty shall file an inventory
of property of the estate, listing it with reasonable
detail and including for each listed item its estimated
fair market value at the date of the decedent's death.
Unless otherwise ordered by the court for good cause
shown, any such inventory or amended or supplementary
inventory is subject to inspection only by the clerk of
the court or his representative, the personal
representative and his attorney, and other interested
persons.
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