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NAHAR v. NAHAR

No. 90-801.

576 So.2d 862 (1991)

Glenda NAHAR, Etc., et al., Appellants, v. Orol Mildred Jap-a-Joe NAHAR, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 22, 1991.

Attorney(s) appearing for the Case

Alfred Aronovitz, Glen E. Smith, Miami, for appellants.

Cypen & Cypen, Miami Beach and Stephen V. Rosin, Brenner & Dienstag and Mark A. Dienstag, Miami, for appellees.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

The issue raised on appeal is whether a probate court may order that the costs of administration be paid out of assets, including a Totten trust account, which the probate court has not yet determined are subject to probate. We find that it cannot.

The appellees rely on Kearney v. Unibay Co., Inc., 466 So.2d 271 (Fla. 4th DCA 1985), for the proposition that Totten trust funds may be used to pay the costs...

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