About This Case
THIS CAUSE came before the Court on December 4, 2018. Present were Co-Personal Representatives, Roseann Sodaro French and George W. French, represented by Patricia Voss. Esq. and Arthur Vincent, Esq., Also present were Edward Cohen, Esq. on behalf of Kemp & Associates, Danielle Livoti and Lawrence W. Livoti, Esq. on behatf of American Research Bureau.
The Co-Personal Representatives paid themselves from the estate account the amount of $24,366.99 in expense reimbursements. They have requested the Court to ratify their reimbursements. Objections were filed by Kemp & Associates and American Research Bureau.
The Co-Personal Representatives have requested reimbursement for the following:
Food: The Co-Personal Representatives reimbursed themselves $4,145.82 for food and beverage expense, including alcoholic beverages, wine, room service, and meals. The Co-Personal Representatives would need to eat irrespective of whether they were acting on behalf of the estate or on behalf of themselves. ADJUDGED that the request for food reimbursements is denied. The Court previously ordered retum to the estate of $3,644.00 on October 17, 2018, leaving a balance to be returned to the estate of $501.82 by Co-Personal Representatives.
Food: The Co-Personal Representatives reimbursed themselves $4,145.82 for food and beverage expense, including alcoholic beverages, wine, room service, and meals. The Co-Personal Representatives would need to eat irrespective of whether they were acting on behalf of the estate or on behalf of themselves. ADJUDGED that the request for food reimbursements is denied. The Court previously ordered retum to the estate of $3,644.00 on October 17, 2018, leaving a balance to be returned to the estate of $501.82 by Co-Personal Representatives.
Mileage: No mileage logs were maintained by the Co-Personal Representatives who billed for 1,191 miles for trips from Ormond Beach, Florida to Fort Lauderdale, Florida. Mileage was charged for visits to Joseph Sodaro prior to his death in the sum of S317.46. Those miles are not allowed. The Court also disallows an additional $200.00 for unaccounted mileage. ADJUDGED that the with regard to mileage, reimbursement of S945.57 is denied and shall be returned to the estate by Co-Personal Representatives, Reimbursement shall be allowed in the sum of $428.11.
Cat Sitter: The entire amount of $996.00 is disallowed. Pet sitters are not expenses reasonably related to the benefit of the estate. ADJUDGED that the request for cat sitting reimbursements in the sum of $996.00 is denied, and shall be returned to the estate by Co-Personal Representatives.
Office Expenses: $1,056.17 has been requested for office expenses including a printer and ink cartridges. ADJUDGED that the request for office expenses denied in part. The sum of $706.17 is permitted as office expense reimbursement. The remaining balance of $350.00 for office expenses shall be returned to the estate by Co-Personal Representatives.
Air Travel: $3,115.90 has been requested for air travel. No objection was made to the necessity of the flights, but expenses for Preferred Access" and choice seats are disallowed in the sum of $168.00. ADJUDGED that the request for air travel expenses is denied in part. The Court ratifies $2,947.90 for air travel. The remaining sum of $168.00 shall be returned to the estate by the Co-Personal Representatives.
Lodging: Reimbursement for lodging for $7,865.09 was requested. The Co-Personal Representatives stays at Hilton Deerfield Beach totaling $386.28 and GALLERYone Double Tree Suites totaling $357.32 are disallowed as these expenses were incurred prior the death of Joseph Sodaro. The court also notes that the Co-Personal Representatives stayed at the Double Tree, Bahia Mar Resort, Marriott, and Renaissance.ADJUDGED that the request for lodging is denied in part. The Co-Personal Representatives shall return the sum of $3,506.52 to the estate. The remaining $4,368.57 for lodging is approved.
Lodging: Reimbursement for lodging for $7,865.09 was requested. The Co-Personal Representatives stays at Hilton Deerfield Beach totaling $386.28 and GALLERYone Double Tree Suites totaling $357.32 are disallowed as these expenses were incurred prior the death of Joseph Sodaro. The court also notes that the Co-Personal Representatives stayed at the Double Tree, Bahia Mar Resort, Marriott, and Renaissance.ADJUDGED that the request for lodging is denied in part. The Co-Personal Representatives shall return the sum of $3,506.52 to the estate. The remaining $4,368.57 for lodging is approved.
Postage: The requested postage reimbursement in the sum of $1,490.10 was requested for packages and coils of stamps.
ADJUDGED that postage in the sum of $1,490.10 is approved.
ADJUDGED that postage in the sum of $1,490.10 is approved.
DNA Testing: Co-Personal Representative, Roseann Sodaro French, obtained DNA testing from 23 and Me, including health personal genome services, for $208.95, and additional DNA testing of $99.00 for a total of $307.95. These costs are disallowed as they were of a personal nature that did not benefit the estate.
ADJUDGED that the sum of $307 .95 related to DNA testing shall be returned to the estate by the Co-Personal Representatives.
ADJUDGED that the sum of $307 .95 related to DNA testing shall be returned to the estate by the Co-Personal Representatives.
ADJUDGED that the total of the disallowed sums above is $9,991.75, after applying the $3,644.00 previously returned to the estate by the Co-Personal Representative for food pursuant to the October 17, 2018 Order, leaves a total balance of $6,347.75 to be returned to the estate by the Co-Personal Representatives within ten (10) days of this Order, with proof filed with the Court.
ADJUDGED that the Co-Personal Representatives' ore tenus motion for fees for the costs of litigating the reimbursement and of the Co_Personal Representatives is denied.
ADJUDGED that the S53,034.00 of the fees received by the Co-Personal Representatives was previously ratified by Order dated October 17, 2018. No extraordinary fees will be awarded.
DONE and ORDERED in Chambers, at Broward County, Florida on 12-31-2018.
ADJUDGED that the Co-Personal Representatives' ore tenus motion for fees for the costs of litigating the reimbursement and of the Co_Personal Representatives is denied.
ADJUDGED that the S53,034.00 of the fees received by the Co-Personal Representatives was previously ratified by Order dated October 17, 2018. No extraordinary fees will be awarded.
DONE and ORDERED in Chambers, at Broward County, Florida on 12-31-2018.
Broward County, Re:Personal Representative’s Fees & Expenses
Estate of Joseph Nicholas Sodaro
A Broward County Probate Judge ruled a Personal Representative is not reimbursed from the estate for food and beverage expenses, including alcoholic beverages, room service and meals. “A Co-Personal Representative would need to eat irrespective of whether they were acting on behalf of the estate of on behalf of themselves.”
Additionally, the judge ruled that pet sitters are not an expense reasonably related to the benefit of an estate. Mileage logs must be maintained to be reimbursed for such expense. Travel expenses such as “Preferred Access” and choice seats are disallowed.