CopyCited 192 times | Published | Supreme Court of Florida | 1990 WL 3840
...[6] The United States Supreme Court has recognized that different categories exist concerning attorney's fees. Pierce v. Underwood,
487 U.S. 552,
108 S.Ct. 2541,
101 L.Ed.2d 490 (1988). [7] See §
440.34, Fla. Stat. (1987). [8] §
73.091, Fla. Stat. (1987). [9] §
733.106, Fla....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...Lieberman,
285 So.2d 29, 31 (Fla. 4th DCA 1973). Because we find that this case, like Sheridan, involves a claim for fees for prosecuting the action itself, we find such an award is only permissible if provided for by statute or contract. Although section
733.106(3), Florida Statutes (1983), provides for awarding fees for services rendered to the estate by attorneys, it must be strictly construed....
...3d DCA 1983), and finding no other statutory authorization, we conclude that the beneficiaries cannot be held personally liable. The next issue presented is whether the probate court properly ordered that the attorney's fees be paid out of the beneficiaries' shares of the estate. Section 733.106(4) provides: When ......
...beneficiaries' shares of the estate. The final issue presented is whether the portion of the court's order assessing costs against the beneficiaries personally was proper. In any probate proceeding, the court may award costs as in chancery actions. § 733.106(1) Fla....
...It was well within the court's discretion, therefore, to tax the court costs against the losing beneficiaries. In re Estate of Sulin,
204 So.2d 28 (Fla. 2d DCA 1967). Of course, the probate court could also order these costs be paid out of the beneficiaries' interest in the estate. §
733.106(4)....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1995 WL 366678
....202(1) and
731.201(21). See In re Estate of Raymond,
237 So.2d 84 (Fla. 1st DCA 1970). Moreover, if the costs of doing so have been made necessary by the recalcitrance of the beneficiaries, they may and should be taxed in the creditor's favor under section
733.106(1), Florida Statutes (1993)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 24376
...Bennardo, Boca Raton, for appellee, Hertha M. Lewis, Personal Representative. WALDEN, Judge. Dr. Rosch, a beneficiary under the terms of the decedent's will, appeals from the denial of his claim for attorney's fees, which claim was based upon the provisions of F.S. § 733.106 (1979)....
...Warren Heating & Air Conditioning, Inc.,
340 So.2d 1234 (Fla. 4th DCA 1976) where there was a voluntary dismissal of a mechanic's lien action which entitled the prevailing party to recover costs and attorney's fees as provided by statute. The applicable statute here is F.S.
733.106(2) and (3): "(2) A person nominated as personal representative of the last known will, or any proponent of the will if the person so nominated does not act within a reasonable time, is in good faith justified in offering the will in due fo...
...While it might be usually expected that the personal representative would defend the will, here the personal representative initiated the action which initiation was later held to be improper in In Re Estate of Lewis, supra. We reverse and remand with instructions to grant Dr. Rosch's claim for attorney's fees per F.S. § 733.106 (1979)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18663, 2010 WL 4961803
...etermination of the amount of attorney’s fees. The expert also stated that his rate was $350 an hour and his total fee was $1,225 for the work he had done. The children’s attorney also testified, claiming that she was entitled to fees based upon section 733.106, Florida Statutes, in that her efforts benefited the estate by ending litigation and preserving assets....
...or the hourly rate of the children’s counsel. The court awarded the full $2,558.30 of the requested costs. The entire amount was assessed against the appellants personally. This appeal follows. Because the appellees argued entitlement pursuant to section 733.106, Florida Statutes, and the trial court did not explain in its written order whether it was awarding fees as a sanction or pursuant to statute, we first address the legal basis to support an award. Based upon the trial court’s oral statements at several hearings, we conclude that the court awarded fees as a sanction and not pursuant to the statute. We agree with the appellants that an award pursuant to the statute would be improper. Section 733.106(3), Florida Statutes, provides: “Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.” Section 733.106(3) does not provide a valid basis for personal liability for attorney’s fees....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Positively stated, she preferred or preserved the prior residuary disposition upon failure of the new one. One final matter remains: the allowance of attorney's fees to counsel for the adopted daughter. An attorney who benefits an estate is entitled to an attorney's fee from that estate. Section 733.106(3), Florida Statutes (1975) (formerly Section 734.01(2), Florida Statutes (1973))....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...The trial court refused to award attorney's fees because the services of Samuels' attorney did not result in any benefit to the Ahern Estate. This appeal ensued to review that order. The authority for allowing attorney's fees in an estate proceedings is Section 733.106(3), Florida Statutes (1979)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1992 WL 143616
...1990), (quoting In re Gleason's Estate,
74 So.2d 360, 362 (Fla. 1954)). See also Feldheim v. Scott,
579 So.2d 291 (Fla. 3d DCA 1991) (guardianship case which involved an award of attorney's fees pursuant to statute concerning attorney's fees in estate cases, section
733.106(3), Florida Statutes (1989))....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1996 WL 419325
...original petition filed by appellee did not request costs from appellant; (2) the ruling on costs was premature since the litigation had not concluded at that point; and (3) the order assessing costs did not specify whether costs were awarded under section 733.106 or Chapter 57 of the Florida Statutes....
...nals. The parties rely on different sections of the probate code to support their respective positions concerning compensation of the attorneys and the accountant involved in the probate of Dr. Brock's estate. Appellant's argument is predicated upon section 733.106(3), Florida Statutes (1993), which provides: (3) Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1989 WL 97671
...Levin, Miami, Richard H.W. Maloy, Key Biscayne, for appellees. *211 Before HUBBART, LEVY and GERSTEN, JJ. PER CURIAM. This is an appeal from a final order awarding attorney's fees. The award was based on section
733.609, Florida Statutes (1987) and section
733.106(3), Florida Statutes (1987)....
...The court determined that Gastel owed the estate $4,522.00. In 1987, appellees filed a two-count petition for attorney's fees. Count I of the petition was a claim for attorney's fees under section
733.609, Florida Statutes. Count II of the petition was a claim for attorney's fees under section
733.106(3), Florida Statutes....
...Moreover, the court found that appellees' appeal, of an attorney's fee award, was of benefit to the estate. See Clark v. Squire, Sanders & Dempsey,
495 So.2d 264 (Fla. 3d DCA 1986). Gastel contends appellees are not entitled to attorney's fees under section
733.609, Florida Statutes or section
733.106(3), Florida Statutes....
...Gastel further argues that assuming arguendo, appellees are entitled to attorney's fees under the above statutes, the fee award must be reversed because it is excessive. Appellees claim that attorney's fees were properly awarded pursuant *212 to section
733.609, Florida Statutes, and section
733.106(3), Florida Statutes....
...The trial court is directed upon its redetermination of the award, to award attorney's fees under section
733.609, Florida Statutes, only with respect to the claim under the petition for surcharge, on which appellees did prevail. II. Gastel next contends appellees are not entitled to attorney's fees under section
733.106(3), Florida Statutes. Section
733.106(3), Florida Statutes, provides in part, "any attorney who has rendered services to the estate may apply for an order awarding attorney's fees." This provision has been construed to permit the recovery of attorney's fees when the estate has benefited by the services of counsel. In re Gleason's Estate,
74 So.2d 360 (Fla. 1954); Segal v. Levine,
489 So.2d 868 (Fla. 3d DCA 1986); In re Estate of Freedman,
340 So.2d 1275 (Fla. 3d DCA 1977). Gastel contends that appellees are not entitled to attorney's fees under section
733.106(3), Florida Statutes, because appellees' actions tended to break down and *213 dissipate the estate, rather than benefit it....
...the settlement of estates." Since we have ruled that the estate was not benefited by Levin & Fishman's services, the attorney's fee award against the estate under this statute is reversed. Having found no entitlement to attorney's fees awarded under section
733.106(3), Florida Statutes, and having sent back the cause for a redetermination of the attorney's fees awarded under section
733.609, Florida Statutes, we do not find it necessary to address the other issues raised by Gastel on appeal....
...In Perez-Borroto, the court held that a trial court is limited by the non-contingent arrangement between attorney and client where the trial court applies the principles set forth in Rowe. Accordingly, the attorney's fees awarded against the estate under section
733.106(3), Florida Statutes, is reversed; and the attorney's fees awarded against Gastel under section
733.609, Florida Statutes, is reversed and remanded.
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1378, 1986 Fla. App. LEXIS 8390
...statute or contract, the appellate court could make an award of attorney's fees in favor of the claimant against the third party. Applying these distinctions to the Udell situation, appellant, Bachrach, specifically seeks attorney's fees pursuant to section 733.106, Florida Statutes (1985), for having "rendered services to an estate." Appellee, Rose, bases her motion for attorney's fees simply on "applicable law." Both, however, are in the same category, and neither is cognizable by this court....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 16496
...In view of the foregoing, the entry of summary judgment for Jeannine on the record presented was error. Appellant filed a motion for an allowance of attorneys' fees against the estate, relying on Rule 9.400, Florida Rules of *277 Appellate Procedure and § 733.106, Florida Statutes (1977)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1978 Fla. App. LEXIS 16896
...More importantly, though, the ultimate will of Stanton Griffis was determined and the estate was benefitted. The benefit is that the beneficiaries whom Stanton Griffis intended are the ones who receive their legacies and bequests. For this the appellant is entitled to an attorney's fee. Section
733.106(3), Florida Statutes, (1975); In re Estate of McCune,
223 So.2d 787 (Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 51629
...reasonable and that the contingency risk multiplier should be 2.5 for a total fee of $161,250. The attorney's fees, which totaled $193,250, were taxed against the estate. The authority for allowing attorney's fees in an estate proceeding is found in section 733.106(3), Florida Statutes (1987): Any attorney who has rendered services to an estate may apply for an order awarding attorney's fees, and after informal notice to the personal representative *733 and all persons bearing the impact of the payment the court shall enter its order on the petition....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304
...are required to exercise the same standard of care as a trustee of an express trust. The court cited, among other statutory sections, section
733.602(1), which sets forth the general duties of a personal representative. In light of the provision of section
733.106(2) and the provision of section
733.612(2), we do not perceive appellant's attempt here to appeal the probate court's order on the will for which appellant was proponent as a breach of his fiduciary duty, merely because it is the effe...
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 139192
...the personal representative's attorney, shall be determined by the court and paid from the assets of the estate. The court shall direct from which part of the estate they shall be paid. §
733.6171(7) Fla.Stat. (1993). [4] We especially observe that section
733.106(3) is inapplicable as a basis for the fee award....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1346000
...calls, the cost of three airline tickets, and an expert witness fee. Although the trial court in a probate proceeding has broad discretion to apportion taxable costs between the parties ( see Dayton v. Conger,
448 So.2d 609, 612 (Fla. 3d DCA 1984); §
733.106(1), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 WL 361340
...ned a general request for fees "pursuant to ... the law of the State of Florida." Both of these pleadings fail the Stockman test. Here, however, we are dealing with a request for fees to be paid from the estate of Charles K. Carman, Jr., pursuant to section 733.106(3), Florida Statutes (1989)....
...s For Attorneys' Fees" which factually meets the requirements of Stockman. Because the fees sought were predicated on having provided a benefit to the estate, which could encompass more than merely having defended the petition to revoke probate, and section 733.106 permits an attorney to make such an application at any time during the pendency of the estate, we determine that the petition provided timely notice of the request for fees to all affected parties....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 2600505
...The Coopers' second argument is that the trial court erred by awarding Kelly's attorneys' fees based on the written contingency fee contract. "Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate." § 733.106(3), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29030
...(3) Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition. § 733.106, Fla. Stat. (1985). The lower court's order seems to rely upon both provisions in awarding attorney's fees to the beneficiaries' attorney. The estate argues that no fees are awardable under section 733.106(3), Florida Statutes (1985), because the attorney's actions did not enhance the value of the estate or render it any other benefit....
...s did not increase the estate. In re Estate of Griffis,
366 So.2d 80 (Fla. 4th DCA 1978). No court has extended this reasoning to an unsuccessful beneficiary. We do not need to determine whether the beneficiaries' attorney is entitled to a fee under section
733.106(3), because a fee is authorized in this case under section
733.106(2), Florida Statutes (1985)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1311
...It adopted appellants' construction of the will as to one of the ambiguities. Although the other respondents and the trustee of the estate were awarded attorney's fees, appellants were not. Under Florida law, "[a]ny attorney who has rendered services to an estate" may recover fees and costs from the estate. § 733.106(3), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...ldren and divorce from Simon, that Pearl was the sole heir of the decedent. Palmer filed a petition for fees for his services as curator, personal representative, and attorney but did not notify Pearl or attorney Blum of this petition as required by Section 733.106(3), Florida Statutes (1979)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1991 WL 256221
...Southeast Bank, N.A. v. David A. Steves, P.A.,
552 So.2d 292 (Fla. 2d DCA 1989). We affirm this appeal because Steves has not demonstrated that any effort by it to uphold the judgment awarding it fees from the estate involved services rendered to benefit the estate. §
733.106(2), Fla....
...that regard. See In re Estate of Lunga v. Koppen,
360 So.2d 109 (Fla. 3d DCA), cert. denied,
366 So.2d 883 (Fla. 1978). Finally, Mr. Bissmeyer and Steves have petitioned this court for attorneys' fees for services rendered in this appeal pursuant to section
733.106(3), Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 185876
...ment upon the entry of a deficiency judgment against Manuel based upon an award of attorney's fees to the estate. The amended final judgment is silent upon the authority for an award of attorney's fees to the estate, but we presume it is pursuant to section 733.106, Florida Statutes (1989). This is the basis for the fees alleged in the personal representative's complaint. Section 733.106(3) allows any attorney who has rendered services to an estate to apply for an award of fees. If the court awards fees, the court may also *866 direct the part of the estate that will bear the impact. Subsection 733.106(4). Subsections 733.106(3) and 733.106(4) do not contemplate imposition of personal liability for the fees in the event a beneficiary's share is not sufficient to satisfy the full amount of the fees awarded....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1991 WL 68570
...Gibson: I can't say he asked me to attend all of them, no. At the conclusion of the hearings, Bartel and Gibson moved for, and were granted, expert witness fees. Although fees may be awarded to an attorney who initially represents a beneficiary pursuant to section 733.106(3), Florida Statutes (1989), a fee award will not be assessed against the estate unless the attorney's services are also beneficial to the estate....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2012 WL 2327921, 2012 Fla. App. LEXIS 9949
...elief and conversion arising out of a dispute regarding ownership of a particular bank account. Before an appeal was filed, Fels filed a motion for attorney’s fees and costs pursuant to Florida Rule of Civil Procedure 1.442 and sections
768.79 and
733.106(3), Florida Statutes (2009)....
...However, it deferred ruling on the remaining grounds to allow Fels time to file an amended motion for fees in order to articulate a basis for fees on the new grounds raised at the hearing. In his amended motion, Fels argued that he was entitled to fees under the following sections: (i) section
733.106(3), authorizing fees when services have been rendered to an estate; (ii) section
733.609(1), allowing for fees in actions for breach of fiduciary duty or improper exercise of a personal representative’s powers; and (iii) section
733.619(2), establishing individual liability against a personal representative for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate if personally at fault. §§
733.106(3),
733.609(1) and
733.619(2), Fla. Stat. (2009). After a second hearing, the trial court concluded that Fels was entitled to fees pursuant to sections
733.609(1) and
733.619(2), but denied fees under section
733.106(3). In the midst of the fee proceedings occurring at the trial court level, an appeal was filed in the underlying action. As part of that appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections
733.106,
733.609 and
733.619, Florida Statutes (2009), the same grounds raised in the trial court....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...attorney's fees and costs to *502 Golden & Cowan, P.A., as counsel for two of the estate beneficiaries, Eve Murphy and Richard Murphy. The fees were for services rendered to the estate during the lengthy probate proceeding, which began in 1988. See § 733.106(3), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1995 WL 763342
..., P.A., Orlando, for Appellant Margareta Dew. James J. Files of Cloninger and Files, Oviedo, for Appellees. COBB, Judge. The issue in this case is whether the trial court erred in granting attorney fees to the appellee, Wilhelm Nerreter, pursuant to section 733.106(3), Florida Statutes....
...s that enhanced the value or increased the assets of an estate. Files sought in excess of $19,000.00 in fees, and after hearing, the court granted the motion for attorney fees essentially on the basis that the challenge to the will was "reasonable." Section 733.106(3), Florida Statutes has been interpreted to permit attorney's fees when the estate has benefited by the services of counsel....
...lue of the estate. It also refers to services that are successful in simply effectuating the testamentary intention set forth in the will. In re Estate of Lewis,
442 So.2d 290 (Fla. 4th DCA 1983). Thus, in order to be entitled to attorney fees under section
733.106(3), the attorney's services must have been "necessary for or beneficial to the probate estate." Tillman v....
...Whitehead is distinguishable for the simple reason that attorney's fees were awarded to a will proponent pursuant to Rule 5.090(c) (deleted effective July 1, 1977 as being substantive rather than procedural). Rule 5.090(c) is strikingly similar to the current section 733.106(2), and neither is applicable to the current appeal....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 36068
...view of services authorizing an award of a reasonable attorney's fee. [4] As to the second issue, relating to the propriety of the order directing that appellees' attorney's fees be paid from the residuary trust corpus, appellant argues that because Section 733.106(4), Florida Statutes, empowers the trial court, in ordering *1153 fees and costs, to "direct from what part of the estate they shall be paid" (e.s.), the court lacked the authority to direct the payment of fees from appellant's share in the residuary trust corpus....
...court to enter such an award following an appeal, the court is empowered to so act even in the absence of a reservation of jurisdiction. See Jeffcoat v. Heinicka,
436 So.2d 1042 (Fla. 2d DCA 1983). The statute authorizing costs in the present case, Section
733.106, Florida Statutes, does not contain a provision permitting the payment of costs following an appeal, unlike the statute considered in Jeffcoat Section
501.2105, Florida Statutes (1979).
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 575260
...The court relied on Stockman v. Downs,
573 So.2d 835 (Fla.1991), in holding that an interested party to a probate proceeding must plead that party's entitlement to attorney's fees in the initial pleading filed in probate. Lindenmayer argues that he is allowed, pursuant to section
733.106(3), Florida Statutes (1995), to apply for an order awarding fees when he has rendered services to the estate. We agree. Section
733.106(3) requires Lindenmayer to give informal notice to the personal representative and to all persons who would be impacted by the award. Lindenmayer complied with these requirements. Section
733.106(3) allows the attorney to apply for these fees at any time during the pendency of the estate....
...2d DCA 1992), rev'd on other grounds,
641 So.2d 1323 (Fla.1994), this court upheld the award of attorney's fees in a similar case. While the attorney's initial attempts at establishing a right to fees did not meet the requirements of Stockman, this court found that the petition filed pursuant to section
733.106(3) did meet the requirements. Id. at 704. This court reasoned: Because the fees sought were predicated on having provided a benefit to the estate, which could encompass more than merely having defended the petition to revoke probate, and section
733.106 permits an attorney to make such an application at any time during the pendency of the estate, we determine that the petition provided timely notice of the request for fees to all affected parties. Id. The Florida Supreme Court reversed this case on other grounds, but specifically noted that the trial court awarded fees pursuant to section
733.106(3), and that the trial court should make a new determination of only from what part of the estate the attorney's fees should be paid....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4489234
...ll as administrator. The court granted Duncombe's petition to appoint a third party because there was a potential conflict of interest between Adderly and the estate. *1015 Duncombe then sought attorney's fees incurred during these proceedings under section 733.106(3), which provides "any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate." The trial court believed that there had to be an enhancement in value or an advancement of the testator's intent as set forth in the will, citing Samuels v....
...Under the undisputed facts in this case, neither Adderly, a transferee of some of the property, nor her lawyer, could have served as personal representative if an interested party objected. The error in this case involved the interpretation of the words "benefit to the estate" in section 733.106(3)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2033
...it through undue influence is not entitled to be awarded attorneys' fees and costs from the decedent's estate, the issue raised by the cross-appeal is moot. *1339 The law authorizing the payment of attorney's fees and costs to proponents of wills is Section 733.106, Florida Statutes (1983)....
...proponent of a will act "in good faith" in offering the will for probate (a requirement that was formerly implicit, see In re Graham's Estate,
156 Fla. 421,
23 So.2d 485 (1945) (en banc) (construing Section 51 of the Probate Act, the predecessor to Section
733.106(2))) means what it says the proponent's entitlement to fees is dependent on the proponent's good faith, not, as he and his attorneys here urge, on the attorneys' good faith....
...tic."). Cf. In re Graham's Estate,
156 Fla. 421,
23 So.2d 485 (proponent of will found to be inextricably enmeshed in fraud and forgery that gave birth to the will acts with utmost bad faith in offering it for probate). Likewise, subsection three of Section
733.106 cannot support the award of fees in the present case....
..., for an attorney to recover under subsection three, the services rendered "must have benefited the estate," In re Graham's Estate,
156 Fla. at 426,
23 So.2d at 487 (construing Section 158 of the Probate Act, the substantially similar predecessor to Section
733.106(3)), and services rendered in an unsuccessful effort to have a will probated are of no benefit to the estate....
...of personal representatives and beneficiaries named therein is of no more benefit *1340 "than exposure to contagious disease."
156 Fla. at 431,
23 So.2d at 489-90. See In re Gleason's Estate,
74 So.2d 360 (Fla. 1954) (en banc) (under predecessor to Section
733.106(3), Florida Statutes (1983), services rendered in connection with attempted probate of will held void for undue influence not recoverable because of no benefit to the estate)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 77623
...In the instant case, a conflict arose when the Davises asserted an interest in the two *742 estate assets, accounts 046 and 587. In re Estate of Katherine Bell v. Johnson,
573 So.2d 57 (Fla. 1st DCA 1990). Accordingly, we reverse the trial court's order and remand for removal of the Davises as personal representatives. Section
733.106, Florida Statutes, authorizes the payment of attorney fees to any attorney who has rendered services to the estate, provided the services benefit the estate....
...the court's orders and the repeated filing of insufficient accountings which imposed additional and perhaps unnecessary costs on the estate. We therefore reverse and remand for reconsideration in light of this opinion, the award of accountant fees. Section 733.106, Florida Statutes, provides that in probate proceedings, the court may award costs as in chancery actions....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2231, 2009 WL 211048
...probate. Appellants appealed the decision to this Court, which ultimately dismissed the appeal on March 1, 2007. On March 29, 2007, Appellants' attorneys filed a petition for order authorizing the payment of attorney's fees and expenses pursuant to section 733.106(2), Florida Statutes (2007)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1042, 2009 WL 322153
...this claim because their defense effectuated the decedent's testamentary intent. Linda and Susan, on the other hand, contend that the trial court properly denied the requested attorney's fees. The trial court erred on this issue. In probate matters, section 733.106, Florida Statutes (2003), controls the question of attorney's fees....
...In Lewis, a decedent's widow sued to revoke a devise alleging undue influence, and later voluntarily dismissed the claim. The trial court denied the devisee attorney's fees for defending the undue influence claim. The Fourth District reversed based on section
733.106(3), stating: "[the devisee] was successful in maintaining the testamentary devise to himself with the net result being that the terms of the will were upheld."
442 So.2d at 291-92. Similarly, as a result of Deborah and Frank's defense of the Slayer Statute claim, the terms of the decedent's will were upheld. Thus, under section
733.106(3), Deborah and Frank are entitled to reimbursement of the attorney's fees and expenses for defending the claim. We, therefore, reverse the order denying attorney's fees. Further, section
733.106(4) provides that the court may direct from what part of the estate attorney's fees and costs shall be paid....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770672
...Additionally, Snyder's argument that application of section
57.041 is mandatory fails because we conclude that section
733.705 controls. Turning to Bell's appeal, Bell correctly argues that the trial court erred by refusing to award him attorney's fees pursuant to sections 737.627 and
733.106, Florida Statutes (1995)....
...A court is limited in awarding attorney's fees incurred while defending an action by the general rule that attorney's fees will be awarded only pursuant to a contract or statute. See Dayton,
448 So.2d at 611. In Dayton, the Third District held that section
733.106, which provides for attorney's fees for services rendered to an estate, does not provide a valid basis for personal liability for attorney's fees. See id. The court explained that section
733.106 provided a claim for fees for prosecuting the action itself, and that attorney's fees were not authorized pursuant to any other contract or statute. See id. Section 737.627 is similar to section
733.106 in that it provides for attorney's fees for defending the action itself....
...On remand, if the trial court awards attorney's fees under section 737.627, liability is limited to Frances' share as a one-seventh beneficiary of the trust. Bell also correctly argues that the trial court erred in denying attorney's fees pursuant to section 733.106, Florida Statutes (1995)....
...(3) Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition. § 733.106, Fla. Stat. (1995). Snyder does not contend that Bell is not entitled to attorney's fees under this section, but argues that fees should be awarded solely from Frances' share of the Estate. Section 733.106(4), Florida Statutes (1995), allows a court to direct from which portion of the estate fees shall be paid....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Since that statute does exist in this instance in the person of § 738.05(2)(a), Price is not pertinent here. 3. Finally, there is no basis upon which it may be concluded that Ms. Varner's attorney has rendered services which in any way benefitted the estate, as opposed to his client. Section
733.106(3), [8] Florida Statutes (1981); In re Estate of *625 Griffis,
366 So.2d 80 (Fla....
...f the apportionment of tax has not been determined, until adequate security is furnished for the payment. The fiduciary shall not be required to distribute assets that he reasonably anticipated may be necessary to pay any state or federal taxes. [8] § 733.106(3) (3) Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition....
CopyCited 1 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 349, 1994 Fla. LEXIS 991, 1994 WL 286358
(quoting petition for revocation of probate). . Section
733.106, Florida Statutes (1989), provides for the
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Subdivision (b) amended to give court discretion to assess attorneys' fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
731.201(21)(23), Fla. Stat. General definitions. §
733.106, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20886, 2012 WL 6027820
...Introduction These consolidated cases involve fee awards in a probate matter. 1 In Case Number 4D10-206, Charles W. Shuck, Carol Shuck, and Sandra Shuck appeal from a final judgment awarding fees and costs to appellees Wayne Smalls and Wintter & Associates under sections
57.105 and
733.106, Florida Statutes, in litigation appellants brought to challenge the decedent’s will....
...ception of the case, and assessed 50% of the fees against appellants’ lawyers pursuant to section
57.105. In Case Number 4D11-1861, appellants appeal from a final judgment awarding attorney’s fees and costs to appellees under sections
57.105 and
733.106 for litigation in this probate matter concerning tax apportionment....
...The *926 trial court held a hearing on entitlement and, on February 1, 2008, entered an order granting appellees’ request for attorney’s fees and costs. The trial court’s order provided that appellees were entitled to recover their attorney’s fees and costs pursuant to section 733.106(2) and (3), Florida Statutes, and that the fees would be paid from appellants’ share of the estate pursuant to section 733.106(4)....
...Despite this observation, the trial court found that the reasonable attorney’s fees incurred by Smalls were substantial and awarded appellees $441,500 in attorney’s fees, plus costs and expert witness fees. The order did not, however, distinguish between the fees awarded under section
57.105 and those awarded under section
733.106....
...t in favor of Smalls on the apportionment of taxes issue. We denied appellees’ request for appellate attorney’s fees pursuant to section
57.105, but we remanded the case to the lower court to “determine attorneys’ fees pursuant to Fla. Stat.
733.106.” By order dated April 11, 2011, the trial court awarded attorney’s fees, costs, and prejudgment interest totaling $93,806.25 to appellees for services at the trial court level. The fees in the trial court level amounted to $73,295 and were awarded under both sections
733.106 and
57.105. The fees from the trial court proceedings were to be paid out of appellants’ share of the estate pursuant to section
733.106(4). Additionally, the trial court required counsel for appellants to pay 50% of those fees under section
57.105. The court also awarded appellate fees of $33,850 under section
733.106, ordering that those fees be paid from appellants’ share of the estate pursuant to section
733.106(4)....
...rded against both appellants and their counsel. Furthermore, because appellants’ claims were time-barred, this precludes appellants’ attorneys, as a matter of law, from asserting any good faith reliance upon the representations of their clients. Section
733.106(4.) Fees Appellants next argue that the trial court erred in awarding fees and costs against only appellants’ share of the estate under section
733.106(4). Section
733.106(4), Florida Statutes (2007), provides that “[w]hen costs and attorney’s fees are to be paid from the estate, the court may direct from what part of the estate they shall be paid.” In In re Estate of Lane,
562 So.2d 352, 353 (Fla. 4th DCA 1990), however, we limited a trial court’s discretion under section
733.106(4) to circumstances in which the will contestant engaged in “bad faith or wrongdoing.” 3 More recently, we reaffirmed the bad faith requirement pronounced in Lane, but clarified that frivolous litigation would support an assessment of fees under section
733.106(4). See Geary v. Butzel Long, P.C.,
13 So.3d 149, 153 (Fla. 4th DCA 2009). Appellants contend that the trial court should not have awarded fees against only their share of the estate under section
733.106(4), because the trial court did not make any specific finding that appellants’ claims were frivolous or filed in bad faith....
...m their inception, this is sufficient to satisfy the “bad faith or wrongdoing” requirement of Lane. See Geary,
13 So.3d at 153 . Thus, the trial court did not abuse its discretion in assessing fees against appellants’ share of the estate under section
733.106(4)....
...fact-establishment process, both before and after suit is filed." Id. at 571 (citation and internal quotations omitted; emphasis added). . Although the Florida Supreme Court did not specifically mention a "bad faith” requirement when it discussed section
733.106(4) in Carman v. Gilbert,
641 So.2d 1323, 1326 (Fla.1994), we do not read Carman as explicitly or implicitly overruling Lane. The issue of whether Lane correctly interpreted section
733.106(4) was not before the court in Car-man....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 842775
...rse the trust for inappropriate expenditures amounting to $2,199. On this appeal, appellant questions only the trial court's order denying her attorney's fees. We affirm. Appellant first argues that the trial court should have granted her fees under section 733.106(3), Florida Statutes (1997), which provides: Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11702, 2010 WL 3120212
...ed "no later than 30 days after filing the judgment. . . ." In Hays v. Lawrence,
1 So.3d 1176, 1177 (Fla. 5th DCA 2009), the court held that, in a proceeding declared as adversarial, rule 1.525 governed a motion for attorney's fees filed pursuant to section
733.106(2) and affirmed a denial of a claim for attorney's fees as untimely under the rule. Although Hays involved a different fee statute than the case before us, section
733.106(2) and section
744.108, applicable here, are similar....
...rney's fees for services rendered under the specified proceeding. [1] Accordingly, because the petition for attorney's fees was untimely filed under rule 1.525, the trial court's order denying fees is AFFIRMED. DAVIS and ROWE, JJ., concur. NOTES [1] Section 733.106 provides for an award of fees when a person in good faith offers a will for probate and when an attorney renders services to the estate. § 733.106(3)....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 4377
...finding that the debtor was guilty of: "willful payment of approximately $43,000 in violation of this Court's Order dated November 9, 1980...". That sum included $9,000 due and payable to plaintiff. The court also found plaintiff was entitled under §
733.106 and §
733.609, Florida Statutes, to her reasonable costs and fees of $4,757.70, which sums comprise the balance of the judgment she received....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice. §
733.106, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...1984 Revision: Minor editorial changes and additions of paragraph (c). Committee notes expanded. 1988 Revision: Editorial changes and order of paragraphs rearranged. Committee *505 notes expanded. Citation form changes in committee notes. Statutory References F.S.
731.301 Notice; method and time; proof. F.S.
733.106 Costs and attorney fees....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References ¾=⅛
731.301, Fla.Stat. Notice; method and time; proof.
733.106, Fla.Stat....
...*1322 1983 Revision: Subparagr-aphSubdivision (a)(15) deleted as duplicative of FPRruIe 5.070 Subpoena. Editorial change in (b). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 733.106, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 11873
...e calls, the cost of three airline tickets, and an expert witness fee. Although the trial court in a probate proceeding has broad discretion to apportion taxable costs between the parties (see Dayton v. Conger,
448 So.2d 609, 612 (Fla. 3d DCA 1984); §
733.106(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 9931, 1992 WL 227782
...The petitioners seek to revoke probate on grounds that the decedent lacked testamentary capacity or that the will was the product of undue influence. The petition requests attorney’s fees on the theory that the action will benefit the estate. See § 733.106, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 10550
Lindenmayer argues that he is allowed, pursuant to section
733.106(3), Florida Statutes (1995), to apply for an
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9946, 1993 WL 387167
...ount the criteria established in section
733.617, Florida Statutes (1991). In re Estate of Platt,
586 So.2d 328 (Fla.1991). Appellant petitioned this court for attorney’s fees for services rendered in this appeal pursuant to Fla.R.App.P. 9.400 and section
733.106, Florida Statutes (1991)....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 4722746
...Thus, absent consent or statutory authority, a probate court may not apportion the expenses of an estate among the beneficiaries of an estate personally. See Dayton v. Conger,
448 So.2d 609, 611-12 (Fla. 3d DCA 1984); Dourado v. Chousa,
604 So.2d 864, 865 (Fla. 5th DCA 1992); cf. §
733.106(3)-(4), Fla....
...Connor,
591 So.2d 974, 977 (Fla. 5th DCA 1991). Reversed and remanded for proceedings consistent herewith. NOTES [1] Although the circuit judge in the civil division had the authority to apportion the costs of that proceeding personally individually among the litigants, §
733.106(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Plaza of the Americas Club, Inc.,
306 So. 3d 1136, 1139 (Fla. 3d
DCA 2020).
Discussion
Florida law provides that in all probate proceedings, any attorney who
has rendered services to the estate may be awarded reasonable
compensation from the estate or trust. §
733.106(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16609
...Positively stated, she preferred or preserved the prior residuary disposition upon failure of the new one. One final matter remains: the allowance of attorney’s fees to counsel for the adopted daughter. An attorney who benefits an estate is entitled to an attorney’s fee from that estate. Section 733.106(3), Florida Statutes (1975) (formerly Section 734.-01(2), Florida Statutes (1973))....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2275, 1985 Fla. App. LEXIS 6112
...ough undue influence is not entitled to be awarded attorneys’ fees and costs from the decedent’s estate, the issue raised by the cross-appeal is moot. *1339 The law authorizing the payment of attorney’s fees and costs to proponents of wills is Section 733.106, Florida Statutes (1983)....
...ent of a will act “in good faith” in offering the will for probate (a requirement that was formerly implicit, see In re Graham’s Estate,
156 Fla. 421 ,
23 So.2d 485 (1945) (en banc) (construing Section 51 of the Probate Act, the predecessor to Section
733.106(2))) means what it says— the proponent’s entitlement to fees is dependent on the proponent’s good faith, not, as he and his attorneys here urge, on the attorneys’ good faith....
...). Cf. In re Graham’s Estate,
156 Fla. 421 ,
23 So.2d 485 (proponent of will found to be inextricably enmeshed in fraud and forgery that gave birth to the will acts with utmost bad faith in offering it for probate). Likewise, subsection three of Section
733.106 cannot support the award of fees in the present case....
...n attorney to recover under subsection three, the services rendered “must have benefited the estate,” In re Graham’s Estate,
156 Fla. at 426 ,
23 So.2d at 487 (construing Section 158 of the Probate Act, the substantially similar predecessor to Section
733.106(3)), and services rendered in an unsuccessful effort to have a will probated are of no benefit to the estate....
...onal representatives and beneficiaries named therein is of no more bene *1340 fit “than exposure to contagious disease.”
156 Fla. at 431 ,
23 So.2d at 489-90 . See In re Gleason’s Estate,
74 So.2d 360 (Fla.1954) (en banc) (under predecessor to Section
733.106(3), Florida Statutes (1983), services rendered in connection with attempted probate of will held void for undue influence not recoverable because of no benefit to the estate)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15997
...A will contest ensued and an order was entered denying Ms. Nash’s petition for probate of the May 29 will. She appealed and this court affirmed without opinion. 1 While the appeal was pending, Ms. Nash filed a motion for attorney’s fees pursuant to Section 733.106, Florida Statutes (1975) and Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 4073, 1991 WL 72061
...guardian and personal representative since the removal of the guardian and personal representative benefited the estate. The trial court granted the motion awarding attorneys’ fees. 1 In the instant case, attorneys’ fees were awarded pursuant to section 733.106(3), Florida Statutes (1989), which provides in part, “[a]ny attorney who has rendered services to an estate may apply for an order awarding attorney fees.” Section 733.-106(3) “has been construed to permit the recovery of attorn...
CopyPublished | Florida 3rd District Court of Appeal
..., including
proceedings to determine a probate lawyer’s compensation, we conclude
that the county court did not have subject matter jurisdiction to determine
this fee dispute. §
26.012(2)(b), Fla. Stat. (2023); §
733.6175, Fla. Stat.
(2023); §
733.106(4), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1998 WL 256692
...That is, the actions of appellant were not so bereft of basis in law or fact as to warrant fees against her personally. Therefore, we quash that portion of the order awarding fees against her personally. We affirm the order awarding fees from appellant's portion of the estate pursuant to section 733.106....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...2002 Revision: Reference to rule 1.410 transferred to subdivision (a) from former rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. Statutory References §
731.201(21), Fla. Stat. General definitions. §
733.106, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2810
...In the instant case, a conflict arose when the Davises asserted an interest in the two *742 estate assets, accounts 046 and 587. In re Estate of Katherine Bell v. Johnson,
573 So.2d 57 (Fla. 1st DCA 1990). Accordingly, we reverse the trial court’s order and remand for removal of the Davises as personal representatives. Section
733.106, Florida Statutes, authorizes the payment of attorney fees to any attorney who has rendered services to the estate, provided the services benefit the estate....
...he court’s orders and the repeated filing of insufficient accountings which imposed additional and perhaps unnecessary costs on the estate. We therefore reverse and remand for reconsideration in light of this opinion, the award of accountant fees. Section 733.106, Florida Statutes, provides that in probate proceedings, the court may award costs as in chancery actions....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 6758
...3d DCA 1989), review denied,
560 So.2d 788 (Fla.1990), (quoting In re Gleason’s Estate,
74 So.2d 360, 362 (Fla.1954)). See also Feldheim v. Scott,
579 So.2d 291 (Fla. 3d DCA 1991) (guardianship case which involved an award of attorney’s fees pursuant to statute concerning attorney’s fees in estate cases, section
733.106(3), Florida Statutes (1989))....
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 8316, 1999 WL 438842
...Scheller,
484 So.2d 593, 594 (Fla. 4th DCA 1985); Jackson v. Dade County Sch. Bd,
433 So.2d 1367, 1368 (Fla. 1st DCA 1983). Despite the provisions of Rule 9.400(a), however, Furlong maintains that she is shielded from personal liability for the appellees’ costs by virtue of section
733.106(2), Florida Statutes (1997)....
...o have the decedent’s last known will declared invalid and to have one of the decedent’s earlier wills admitted to probate, which was more beneficial to her and of which she was the named personal representative. See Raimi I,
702 So.2d at 1276 . Section
733.106(2) provides that: A person nominated as personal representative of the last known will, or any proponent of the will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in...
...The fact that Furlong initially prevailed at the trial level in having the decedent’s last known will declared invalid still does not alter the fact that she was not the personal representative or proponent of the decedent’s last known will. Had the Florida legislature intended section 733.106(2) to be applicable only to a decedent’s last known valid will, it could have so easily stated....
...In Raimi I, we reversed the final judgment of the trial court and found the decedent’s last known will to be valid and ordered it to probate. Appel-lees, Manuel Raimi and Suntrust fik/a Sun-bank Miami, N.A. were the personal representatives of this will. If anything then, section 733.106(2) actually supports the lower court’s award of costs to these appel-lees....
...er or bad faith conduct. Even assuming arguendo that Furlong had been the personal representative of the decedent’s last known will, her reliance upon Landon is misplaced. The Landon court construed section
733.609, Florida Statutes (1993) 2 , not section
733.106(2), *585 and held merely that a personal representative does not breach his or her fiduciary duty (and hence subject the personal representative to damages) by opposing a debatable claim that later proves to be valid. Id. Finally, we note that section
733.106(1), Florida Statutes (1997), specifically provides that “[i]n all probate proceedings costs may be awarded as in chancery actions.” This rule has been' construed as providing the probate court with broad discretion to award and apportion costs as it deems appropriate....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice, — method and time;-proof. §
733.106, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 7286, 2009 WL 1606034
...In In re Estate of Lane,
562 So.2d 352 (Fla. 4th DCA 1990), we examined the propriety of a probate court's order assessing attorney's fees from a will contest proportionally against the specific beneficiaries as well as the residuary estate. We noted that section
733.106(4), Florida Statutes, permits the court to direct from what part of an estate a fee assessment shall be paid (just as section
733.6175(2) does)....
...Schwartz,
538 So.2d 922 (Fla. 3d DCA 1989), in which the court suggested that in trying to close a prolonged estate, the trial court could assess attorney's fees against a beneficiary's portion of the estate for frivolous litigation consistent with section
733.106(4)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1310, 1986 Fla. App. LEXIS 8318
...See In re Estate of Weihe,
275 So.2d 244 (Fla.1973). That conclusion, however, does not at all suggest that the proponents of the will were not in good faith justified in offering it for probate, and, indeed, the trial court made no such finding. Thus, under the plain language of Section
733.106(2), Florida Statutes (1985), 2 the trial court was fully authorized in granting the proponents’ petition for attorneys’ fees....
CopyPublished | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 15229
...Lacy,
219 So.2d 665 (Miss.1969); Ganong v. Hauger, 239 Or. 483 , 392 P.2d 187 (1965); In re Reben’s Will, Sur., 115 N.Y.S.2d 228 (1952). Cf. In re Estate of Rogers,
180 So.2d 167 (Fla. 2d DCA 1965). The trial court properly allowed fees to the wife’s attorneys. Section
733.106(3), Florida Statutes (1975); Johnson v....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...2008 Revision: Subdivision (a) amended to reflect that a guardian advocate may not be required to be represented by an attorney in some instances. Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.301, Fla. Stat. Notice. §
733.106, Fla....
CopyPublished | Florida 4th District Court of Appeal
...the Florida Probate Code, and (2) the application of the case upon which
the circuit court relied, Cooper v. Ford & Sinclair P.A., to this case.
“Any attorney who has rendered services to an estate may be awarded
reasonable compensation from the estate.” § 733.106(3), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 409, 2002 WL 83739
...ative estate tax refund. We also find no error in the probate court’s allocation of the burden of Marilyn’s attorneys’ fees primarily against the Main Trust, where Marilyn had sought to charge 100% of those fees against the Shirley Trust under section
733.106(4), Florida Statutes. We note the probate court misconstrued our previous holding in Nalls v. Millender,
721 So.2d 426 (Fla. 4th DCA 1998), whereby we held Florida Statutes
733.106(3), which authorizes an award of attorneys’ fees “rendered to an estate,” does not apply where services are rendered to a trust. In Nalls , a beneficiary of an inter vivos trust brought an action against the trustee of the inter vivos trust, alleging the trustee had breached her fiduciary duty. The beneficiary sought repayment of her attorneys’ fee under section
733.106(3). We held the beneficiary’s fees were not recoverable under section
733.106(3), since the underlying litigation had involved a trust, not an estate....
...the administration of an estate where a trust is a beneficiary. Here, Marilyn’s attorneys’ fees were incurred for the benefit of the Estate and the Main Trust, and we hold the probate court was free to apportion the fee award in its discretion. § 733.106(4), Fla....
CopyPublished | Florida 4th District Court of Appeal
...The trustee alleged that the beneficiary’s refusal
to accept his $25,000 bequest and his propounding of discovery requests
constituted an “action” challenging the trustee’s exercise of her powers.
The trustee further alleged that her motion was brought “pursuant to Fla.
R. Civ. P. 1.525 [and] Sections
86.081,
733.106, [and]
733.609, Florida
Statutes [(2009)].” The rule and statutes provide as follows:
Rule 1.525 states, in pertinent part: “Any party seeking a
judgment taxing costs, attorneys’ fees, or both shall serve a
motion no later than 30 days after filing of the judgment . . . .”
Section
86.081 states: “The court may award costs as are
equitable.”
Section
733.106(1) states: “In all probate proceedings costs may
be awarded as in chancery actions.”
Section
733.609(1) states, in pertinent part: “In all actions for
breach of fiduciary duty or challenging the exercise of ....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 1787, 2007 WL 461381
...hwarted.” Rosoff,
901 So.2d at 1010 . The trial court was correct in finding no impropriety by the personal representatives. Harding also contends that she should have been awarded attorney’s fees and costs for prevailing in the litigation under section
733.106, Florida Statutes (2005), because the litigation benefited the estate....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice. §
733.106, Fla....
...er rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. Statutory References §
731.201(21), Fla. Stat. General definitions. §
733.106, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2005 WL 3403620
...a Statutes (2003). Appellee responds that the trial court correctly interpreted the settlement agreement or, in the alternative, that the trial court had discretion equitably to apportion estate taxes and administrative expenses pursuant to sections
733.106(4) and
733.817(5)(g), Florida Statutes (2003)....
...of the estate taxes and administrative expenses. Appellee argues that, even if not required by the settlement agreement, the trial court nevertheless had discretion equitably to apportion estate taxes and administrative expenses pursuant to sections
733.106(4) and
733.817(5)(g), Florida Statutes (2003). Section
733.106(4) addresses only attorney's fees and costs, permitting the court, in its discretion, to direct from what part of the estate such items are to be paid. While the statute is probably substantive rather than procedural and, therefore, the 1995 version controls, we need not decide this question because the 1995 and 2003 versions are substantively identical. Compare §
733.106(4), Fla. Stat. (1995) with §
733.106(4), Fla....
...There is competent substantial evidence in the record to support the trial court's decision to the extent it exempts appellee's $38,500 bequest from assessment for its proportionate share of attorney's fees and costs and, accordingly, we affirm that part of the decision. However, section 733.106(4) provides no support for appellee's argument that the trial court had discretion to exempt the bequest from assessment for its proportionate share of estate taxes and other administrative expenses....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 25171
...sful actions brought by the surviving spouse against the estate. We affirm this order upon a holding that the circuit court sitting in probate had the authority to assess such fees and costs against the surviving spouse herein under the authority of Section 733.106(4), Florida Statutes (1981)....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 11816, 2016 WL 4158716
...Hampton successfully defended against Jordan's specific performance action,
resulting in the dismissal of that action. Thereafter, she filed a claim against the Estate,
seeking reimbursement of attorney's fees and costs incurred in defending Jordan's action.
See § 733.106(3), Fla....
...on did not enhance or increase the assets of the
estate and no benefit was bestowed upon or received by the estate." This appeal
followed.
Hampton argues that the trial court erred in denying her claim for attorney’s fees
because, under section
733.106(3), her attorney’s efforts effectuated Clifford L. Allen’s
intent as embodied in his will. We agree.
Because the trial court’s decision to deny Hampton's request for attorney’s fees
depended on the interpretation of section
733.106(3), the standard of review is de novo.
See Duncombe v. Adderly,
991 So. 2d 1013, 1015 (Fla. 4th DCA 2008).
Section
733.106(3) provides: “Any attorney who has rendered services to an estate
may be awarded reasonable compensation from the estate.” This provision has been
interpreted as requiring that an attorney's services benefit the estate....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3326942, 2012 Fla. App. LEXIS 13561
...1 Jeanne filed a third party complaint against her brother for conversion and unjust enrichment regarding funds taken from their aunt’s bank account. She later voluntarily dismissed this third party complaint. The trial court awarded the brother attorney’s fees against Jeanne under sections
733.609 and
733.106(3), Florida Statutes (2010)....
...Section
733.609 is inapplicable since the third party complaint was not an action “for breach *703 of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers.” §
733.609(1), Fla. Stat. (2010). Section
733.106(3) is not implicated because the brother’s attorney did not render “services to an estate” within the meaning of the statute....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15883
...We therefore find that, as a result of failure of consideration, the written agreement became unenforceable and the final judgment is erroneous in that regard. Appellant also urges as error the taxing of costs. Taxation of costs in probate proceedings is discretionary. § 733.106(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 WL 1386091, 2016 Fla. App. LEXIS 5393
...We affirm the final judgment without comment, but we
reverse and remand the award of attorney's fees.
Anderson was ordered to pay $19,678.73 in attorney's fees to his aunt,
who was the beneficiary under his mother's will. The order was based on section
733.106, Florida Statutes (2011)....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 867, 1989 Fla. App. LEXIS 1885, 1989 WL 34576
...The attorneys also benefited the estate by preventing certain assets from passing to the widow, thereby increasing the assets and enhancing the value of the estate. The court found that the attorneys’ services were therefore awardable pursuant to Section 733.106(3), Florida Statutes (1985)....
...estate to be $144,880.00 and directed payment of that amount by the estate. Two issues have been raised on this appeal: I. Whether the attorneys for the Howard children rendered services to the estate which are awardable from the estate pursuant to Section 733.106(3), Florida Statutes; and II....
...Whether the trial court should have apportioned the attorneys’ fees between estate and nonestate assets. We find that the trial court did not err in finding that the attorneys for the Howard children rendered services which benefited the estate and were therefore entitled an award from the estate pursuant to Section 733.106(3)....
...vices had they not been rendered by the children’s attorneys. Accordingly, we conclude that the trial court did not err in finding that the children’s attorneys were entitled to compensation for services rendered which benefited the estate under Section 733.106(3)....
...We agree with the appellees that the trial court was not required to prorate the attorneys’ fees in this case. In setting the fee award, the critical question for the trial judge was whether the attorneys for the Howard children rendered services which benefited the estate. If they did, then pursuant to Section 733.106(3), they were entitled to compensation from the estate....
...d remanded for an award based on a complete record as to the particular services rendered to the estate. *404 Once an attorney renders services which benefit the estate, that attorney is entitled to be compensated from the estate for those services. Section 733.106(3)....
...der the probate court disqualified the widow as a murdering spouse under Section
732.802. In an opinion filed on the same date as this opinion, we rejected the widow’s assertion that the lower court erred in striking her demand for a jury trial. . Section
733.106(3), Florida Statutes, provides: (3) Any attorney who has rendered services to an estate may apply for ah order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the...
CopyPublished | Florida 3rd District Court of Appeal
...(2022). Certain attorneys fall into this category.
Indeed, “attorneys for personal representatives are entitled to reasonable
compensation payable from the estate assets without court order.” §
733.6171(1), Fla. Stat. (2022). Accord §
733.106(3), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 2806, 1990 WL 49858
...We find merit with the appellants’ arguments and reverse the assessment against the individual beneficiaries’ shares in the estate. The Appellants contend that their position in the will contest was taken in good faith and the assessment against them is contrary to the law construing section 733.106(4) Florida Statutes (1987)....
...3rd DCA 1989); see also Estate of Gerhart,
220 So.2d 655 (Fla. 3rd DCA 1969). In Dayton v. Conger the court addressed whether the probate court properly ordered that attorney fees be paid out of the beneficiaries’ shares of the estate. The court found that section
733.106(4), Florida Statutes (1983), gave the probate court latitude in determining which assets of the estate should be used to pay attorneys’ fees: The statute authorizes the court to order that attorneys’ fees be borne unequally by different portions of the estate when demanded by appropriate circumstances....
... The appellate court, referencing Dayton v. Conger, suggested that in order to accomplish this, the trial court consider assessing attorneys’ fees against a beneficiary’s portion of the estate for frivolous litigation, as warranted, pursuant to section 733.106(4), Florida Statutes (1985)....
...In the present case there are no allegations or findings attributing bad faith or other inequitable conduct to appellants which would support the assessment of fees against their individual bequests under the will. Therefore the assessment against appellants is unwarranted under section 733.106(4)....
...ir behalf in the will contest litigation. At present this issue is not before the court and we need only address the personal representative’s entitlement to attorneys’ fees from the estate, which of course is authorized by statute. See sections
733.106(2),
733.612(19) and
733.612(20) (which authorize the personal representative to hire attorneys and to litigate on behalf of an estate) and section
733.617, Florida Statutes (1987) (which provides how such services will be compensated)....
...The appellants, heirs under the Last Will of Ruth Lane executed February 5, 1982, include Dorothy Imperato, Robert Imperato, Judith Eyal, George Hoffman, Harvey Hoffman, Paul Hoffman, The Estate of Evelyn Charap, The Estate of Jack Charap, Sandy Klaidman, Gloria Rosenblatt, Alan Charap, Carol Goode and Kenneth Stowe. . Section 733.106(4) Fla.Stat....
