Legal Question in Wills and Trusts in Florida

Calculation of Attys.' Fees to handle Estate

FACTS: Atty. is not trustee or personal representative of deceased. but is charging 3% of estate total worth and billing for each tel.call, filing at the court house, letter sent.

Q. Does an attorney have the right to a % of an estate even after he has billed individually for each activity he has had to do for the estate?

A. Although attorneys may bill diferently, they are guided and regulated by the Probate Court. F.S. 733.6171 sets forth the guidelines attys. and the Court must follow. Generally the fee is 3% up to one million. However, this does not cover extraordinary services for non-routine matters. These extra services are listed in F.S. 733.6171(4){a-k}. Obviously it is better practice to discuss the fee in advance and reduce it to writing.

If you question the fees, object and have the Atty. justify it to the Judge who will review the fees charged.

Re: fees paid to an attorney regarding estates of a deceased

Each attorney may bill diferently, therefore, fees need to be discussed and an agreement signed in advance to avoid problems later.