Legal Question in Wills and Trusts in Florida
Conflicted Beneficiaries Share Attys Fees?
Two will beneficiaries, X and Y, are in conflict after X, subsequent to death of testator, selects an attorney for them both, without consulting Y. Seeing a clear conflict of interest, Y complains to the attorney his dissatisfaction at the clear bias of the attorney in favor of X. Attorney advises Y to seek other representation if indeed Y is dissatisfied.
Y then terminates the attorney at the advice of a new attorney, whom Y now retains. Y's new attorney is a member of a well-known Miami firm and is higher priced than X's attorney. Both attorneys now work in tandem administering the estate. Y's attorney assures Y that both X and Y will bear equally the attorneys' fees. In other words, if X's attoney bills X $15,000 and Y's attorney bills Y $25,000, each will end up paying $20,000, with adjustments for expenses and claims against the estate.
Does X's assurance to X about the equally borne fees follow from any bright-line rule that exists in Florida? Does it prevail in other jurisdictions?
1 Answer from Attorneys
Re: Conflicted Beneficiaries Share Attys Fees?
I believe you are paying very good money to an attorney to represent your interests. Go talk to your attorney, pay him or her for an hour and talk this out until you understand it.
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