Legal Question in Wills and Trusts in Florida
My aunt, in Florida, died recently at the age of 89. Her attorney, in Florida, drew up the will with her, a year ago July. Her attorney is also the executor. He said that my sisters and me are equal beneficiaries. My sisters live in the Chicago area and I live in California.
The attorney has sent us a letter, including the Florida statutes which allow his compensation as Personal Representative, and as the Attorney for the Personal Representative. We are to sign it, indicating this has been disclosed to us.
Is the attorney setting himself up for double-dipping? Why should we have to sign his letter if the statutes have allowed that the Personal Representative and the Attorney be paid?
1 Answer from Attorneys
No. Florida law allows a Personal Representative a fee, even if they are also attorney and being paid as an attorney. However, you don't have to sign the agreement. Payment is set by statute. It's your choice.
However, if a beneficiary wants to serve a Personal Representative, they can always try to get appointed and be paid (subject to income taxes on the fee). The attorney may decide not to serve, but they do have preference by the Will. There is some concerns in these cases as to whether there is a conflict when the attorney who drafts the Will is also the Personal Representative.
But you have to remember the attorney could be quite good, and appropriate for the situation. So maybe the Aunt did the right thing.
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