What are my options as an executor regarding unclaimed property in Florida?

Full question:

I am the executor of will in Florida (I live in another state) and had to vacate the home of my late aunt. I had made numerous attempts to contact a relative to whom an item was left in the will and who did not respond, she was originally notified that I believed I could occupy the condo until the end of Dec but I was required to leave at the end of Nov. She was (1) informed of the item, (2) offered the name of a reputable mover [used by another relative] and refused saying she had a local relative who would take care of the property and (3) on the final day I had to make a decision as to what was to become of the property. After calling and leaving many messages on her answering machine I finally sort to 'save' the piece and sent it to another relative. I was finally called two days after I vacated the condo at which point I explained what had transpired. I explained that I considered all options and believe that she may have abandoned her right to the item. I had the obligation to make the piece available at the condo and her responsibility was to pack and ship at her cost - which wasn't done. I am only asking for the cost of packing and shipping the piece and I will have it held for her until April! Within the will I do not believe that I am required to be a 'storage' facility for said person. The will was filed in the state of Florida. What are my options and how should I proceed. The total value of the estate is less than $ 15,000.00 and Letters of Administration are in process of being delivered by the court.

• Category: Abandoned Property
• Date: 04/07/2025
• State: Maryland

Answer:

Abandoned property laws vary by locality, so it's advisable to contact the local police department to understand the procedures for abandoned property in your area. Generally, these laws require that notice be sent to the last known address of the owner, allowing a specific timeframe for the property to be reclaimed before it is considered abandoned and potentially sold.

As a gratuitous bailee (someone who holds property without compensation), you must take minimal care of the items. There are different types of bailments:

• Bailments for hire: where the custodian is paid.
• Constructive bailment: where circumstances create an obligation to protect the goods.
• Gratuitous bailment: where no payment is involved, but the bailee is still responsible.

In a gratuitous bailment, the bailee is only liable for gross negligence. To establish a bailment, you must have physical control of the property and intend to possess it. If a court finds that liability would be unexpected or unfair, it may determine that there was no bailment.

As the executor of the estate, you have a fiduciary duty, which may impose a higher standard of care. According to Florida law (Fla. Stat. § 733.816), if there is unclaimed property that cannot be distributed due to the inability to find the owner or if the owner refuses to accept it after reasonable attempts, you may be ordered to sell the property and deposit the proceeds with the court. This process ensures that unclaimed funds are handled appropriately.

In your case, since you attempted to contact the relative multiple times and provided options for retrieving the item, you may argue that she has abandoned her right to it, especially if you have documented your attempts to reach her.