Evgrafova v. In Re: The Estate of Tamara McKeehan
A probate court disqualified a personal representative's CPA expert as 'not independent' because his firm had been paid by the estate, refused to let the personal representative testify because she was an 'interested party,' and then denied both compensation petitions without taking any evidence. The Third DCA reversed, holding that bias and pecuniary interest go to credibility and weight, not competency or admissibility, and that compensation under § 733.617 cannot be denied without an evidentiary hearing on the statutory factors.
Key facts
- Evgrafova, as personal representative of the Estate of Tamara McKeehan, sought compensation and presented expert testimony from her CPA, but the probate court disqualified the expert as biased because his firm had been paid by the estate.
- The probate court also refused to allow Evgrafova to testify because she was an 'interested party' and denied both compensation petitions without holding an evidentiary hearing or taking any evidence on the statutory factors.
- +2 more key facts with a free trial
Why it matters
The opinion is a useful, citable reaffirmation that courts cannot exclude witnesses — expert or party — on grounds of bias or pecuniary interest, an error that recurs in fee and valuation hearings. Estate and fee… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.