Legal Question in Wills and Trusts in Florida

Re: Law on attorney fees in probate

The Florida Probate Code does not provide any formula for fees that must be used in all probate cases. However, it does state what can be considered "resonable fees" and those can be found in Sections 733.617 and 733.6171 of the Florida Statutes.

One of several senarios may result in an attorney asking for a percent of the estate AND hourly fees. (1) His or her contract for services may have provided for such payment. (2) The attorney may be acting as both the "personal representative" and the "attorney for the personal representative." The probate code provides that both these positions should receive resonable compensation for services. (3) The probate code provides as resonable that an attorney may recieve a given percentage of the estate for "ordinary legal services" and, in addition, an hourly fee for "extraordinary" services, such as will contests, certain tax planning and tax advice and other services outside of normal estate administration.

You may want to check your contract with your attorney and discuss any dispute with him or her.

Please note that the Probate Court must o'k the payment of attorney fees, does consider the resonableness of fees requested and will consider any timely objections filed to fees requested.