CopyCited 48 times | Published | Supreme Court of Florida | 1998 WL 136196
...Bourne,
670 So.2d 1118 (Fla. 5th DCA 1996) ( Williams College III. ) We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. The conflict between Bitterman and the Williams College cases arises out of the application of section
733.617, Florida Statutes (1993), a section of the Probate Code, which was amended by the legislature in 1993. Prior to that time, the compensation for both personal representatives and attorneys for personal representatives was covered by section
733.617. [2] The 1993 amendment created a new section, after which the compensation for personal representatives was covered by section
733.617 and the compensation for attorneys of personal representatives was covered by newly created section
733.6171. In addition, section
733.6171(7) allowed an attorney to recover costs for the time expended by the attorney seeking reasonable compensation for his or her services on behalf of the personal representative (fees on fees)....
...[3] Chapter 93-257, section 18, of the 1993 Laws of Florida, the act which created the amendment, states: "[T]his act shall take effect October 1, 1993, and shall be applicable to all decedents, including settlors of revokable inter vivos trusts, dying on or after that date." Section 733.6171(8) further provides: This section shall apply to estates in which an order of discharge has not been entered prior to its effective date but not to those estates in which attorney's fees have previously been determined by order of court after notice. § 733.6171(8), Fla....
...rman obtained an "eleventh hour" continuance of the first fee hearing and thereafter, in the two months that followed, filed approximately 35 pleadings which necessitated a response from Matwiczyk. Accordingly, the court determined that, pursuant to section 733.6171, Florida Statutes (1993), said fees are compensable from the estate assets....
...The Fourth District Court of Appeals affirmed the probate court's judgment, which granted additional fees to Matwiczyk and Boose, Casey for their efforts in collecting their attorney's fees. Both the probate court and the district court supported the award of additional fees for three reasons. First, both courts relied on section 733.6171(7). The district court concluded that the administration of Bitterman's estate was covered by 733.6171 (the 1993 amendment) rather than 733.617. The district court reasoned that the proceeding in question commenced in the probate court in March 1993, was tried in August 1993, and was concluded in December 1993, and was therefore within the purview of section 733.6171(8)....
...This court reversed the trial court's order. Williams College v. Bourne,
625 So.2d 913 (Fla. 5th DCA 1993) [ Williams College I ]. On October 1, 1993, prior to the release of the opinion in Williams College I, a new section added to the Probate Code took effect. Under section
733.6171, Florida Statutes (1993), compensation for attorneys of personal representatives was to be calculated by taking into account two components: (1) the hours worked by the attorney and (2) the value of the decedent's estate. It also provided that fees of the attorney for the personal representative for litigating his own compensation were chargeable against the estate. §
733.6171(7), Fla....
...The effect of these provisions was to undo the holding of In re Estate of Platt,
586 So.2d 328, 336 (Fla.1991). In December, 1993, Ward filed a new petition for fees in which he calculated his award based on the new statute. Williams responded with a motion to determine the applicability of section
733.6171....
...Again Roby appeared as counsel on appeal for Ward. No appearance was made on behalf of appellee Bourne. Again this court reversed. Williams College v. Bourne,
656 So.2d 622 (Fla. 5th DCA 1995) [ Williams College II ]. The panel held that a retrospective application of section
733.6171 which served to increase the estate's obligation for attorney's fees was an unconstitutional denial of due process, and the court remanded the case to award Ward attorney's fees of $63,624. While Williams College II was on appeal, Ward moved, under authority of the new statute, to be awarded $15,927 in attorney's fees and costs for services rendered by Roby after the effective date of section
733.6171(7)....
...The court also awarded $2,877.50 for expert witness costs from the February 1-2, 1993 hearings, and $288.95 for deposition and photocopying costs. All of the awards were to be paid from the estate. Although the court's order did not expressly state the judge's reliance on section 733.6171(7), such reliance is implied. On appeal, Ward advances several arguments in support of the award of Roby's fees, but the application of section 733.617(7), Florida Statutes *363 (1993) is the only one that merits discussion....
...gain refused to apply the 1993 changes to the estate at issue. Bitterman can be distinguished from the Williams College cases based on the different dates of discharge in the two cases. It could be argued that based on the effective date language of section 733.6171(8), the 1993 changes should be applied to Bitterman because the order of discharge in that case was entered in December 1993, after the October 1, 1993, effective date of section 733.6171(8) ("This section shall apply to estates in which an order of discharge has not been entered prior to its effective date but not to those estates in which attorney's fees have previously been determined by order of court after notice")....
...Ross,
466 So.2d at 1098. The relevant inquiry in the case before this court is, therefore, when the "cause of action" arose between the parties. In Williams II, which concerned Ward's right to compensation for services rendered prior to the enactment of section
733.6171, Florida Statutes (1993), we considered whether the new statute could be used to compute fees....
...inextricably bundled at the moment Ward began his representation of the estate. It was at that time that any right he had to receive his fees and any corresponding obligation of the estate to pay those fees was legally vested. The effective date of section 733.6171(7), Florida Statutes (1993), was October 1, 1993. Prior to that date, and certainly on the date Ward began his representation, Ward was not entitled to receive fees for time expended in determining the amount of his fee, as the court explained in Platt. Because the effect of applying section 733.6171(7) to compensate Roby for defending Ward's fee claim is to retrospectively enhance the obligations of the estate, and ultimately Williams College, to pay Ward's fees, we reverse the order awarding fees for Roby's services in litigating Ward's fee....
...Thus, Matwiczyk and Boose, Casey's rights to receive fees, and any corresponding obligation of the estate to pay those fees, was legally vested at the moment Matwiczyk and Boose, Casey began their representation of the estatein 1992. The effective date of section 733.6171 was October 1, 1993. By applying section 733.6171 to compensate Matwiczyk and Boose, Casey, the probate court and district court retrospectively enhanced the obligation of Irving Bitterman's estate. Because this retrospective enhancement is improper, section 733.6171 cannot apply to Bitterman's estate....
...KOGAN, C.J., OVERTON, SHAW, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. NOTES [1] The district court's opinion addressed two separate appeals, Bitterman v. Bitterman and Bitterman v. Weidenbenner. We have consolidated the two review proceedings for disposition by one opinion. [2] Section 733.617, Florida Statutes (1991), entitled "Compensation of personal representatives and professionals," states in relevant part: (1) Personal representatives, attorneys, accountants, and appraisers and other agents employed by the personal representative shall be entitled to reasonable compensation. Reasonable compensation may include compensation for the services of the agents or employees of the person seeking compensation and may also include reimbursement of out-of-pocket costs. [3] Section 733.6171(7), Florida Statutes (1993), provides: Court proceedings to determine compensation, if required, are a part of the estate administration process, and the costs, including fees for the personal representative's attorney, shall be determined by the court and paid from the assets of the estate....
CopyCited 23 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 640, 1991 Fla. LEXIS 1701, 1991 WL 195849
...on a percentage of the amount of Platt's $7,000,000 estate. The district court expressly found that the lodestar method [1] to compute attorney's fees "is not applicable to the determination of attorney's fees and personal representative fees under section 733.617, Florida Statutes (1987)." Id....
...The trial court entered an order expressly refusing to apply the principles set forth in Florida Patient's Compensation Fund v. Rowe,
472 So.2d 1145 (Fla. 1985). In its order, the court noted that, in awarding compensation to the attorney and personal representative, it could utilize one or more of the criteria in section
733.617, Florida Statutes (1985)....
...On appeal, the Fourth District Court of Appeal affirmed the setting of fees based on a percentage of the estate, relying on its decision in In re Estate of Warwick,
543 So.2d 449 (Fla. 4th DCA 1989), quashed,
586 So.2d 327 (Fla. 1991). The issue in this cause is whether section
733.617 allows "reasonable compensation" for attorneys and personal representatives to be computed solely on the basis of a fixed percentage of the amount of the probate estate. To understand the legislative intent of section
733.617, it is important to review its legislative history....
...Prior to 1974, fees for personal representatives were established as a percentage of the amount of the estate, in accordance with section 734.01, Florida Statutes (1973). [4] That statute was repealed in 1974, and the authority for attorney's and personal representative's fees was placed in section 733.617, Florida Statutes (Supp. 1974). This statute read as follows: 733.617 Compensation of personal representatives and professionals providing services....
...ns bearing the impact of the payment have consented to the compensation in a signed writing filed in the proceeding; or (b) The court has ordered the payment following informal notice of the petition to all persons bearing the impact of the payment. § 733.617, Fla. Stat. (Supp. 1974). It is important to note that this statute contained no factors for the trial judge to consider in determining a reasonable fee. Factors to be considered by a trial judge were added to section 733.617 in 1975. These factors coincide with the factors in the then-existing Disciplinary Rule 2-106(B) of The Florida Bar Code of Professional Responsibility. The statute, as then enacted, read as follows: 733.617 Compensation of personal representatives and professionals....
...earing the impact of the payment. (4) If the personal representative is a member of The Florida Bar and has rendered legal services in connection with his official duties, he shall be allowed a fee therefor, determined as provided in subsection (3). § 733.617, Fla. Stat. (1975). In 1976, this statute was amended to read as follows: 733.617 Compensation of personal representatives and professionals....
...A renunciation may be filed with the court. (3) If the personal representative is a member of The Florida Bar and has rendered legal services in connection with his official duties, he shall be allowed a fee therefor, determined as provided in subsection (1). § 733.617, Fla....
...The amendment in subparagraph (1) added to the second sentence the phrase "one or more of the following." The meaning of that phrase is in issue in this proceeding and is subsequently discussed. The newly amended statute also deleted paragraph (3) of its predecessor section 733.617, Florida Statutes (1975)....
...The statute was again amended in 1988. As it now exists, it is substantially consistent with rule 4-1.5(B) of the Rules Regulating The Florida Bar. [5] The only noteworthy change was in subsection (e), which expanded the consideration of the amount of money involved. Section 733.617(1)(e), Florida Statutes (1989), now reads: "The nature and value of the assets of the estate, *333 the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person." Petitioners, in c...
...trial court erred by holding that the lodestar method was never applicable to a determination of attorneys' fees in probate cases. Petitioners reason that: (1) our recent decision in Quanstrom suggests the lodestar approach as a starting point; (2) section 733.617, Florida Statutes (1987), clearly does not preclude the use of the lodestar method; and (3) section 733.617 does not allow the computation of a reasonable fee based solely on a percentage of the value of the estate....
...representative based solely on a percentage set forth by its rate card, as well as the setting of a co-personal representative's fee for Patterson based on a percentage of NCNB's fee, was error because this type of percentage fee was abolished when section 733.617 was amended in 1975 and 1976....
...In response, Patterson asserts that, since the lodestar approach is inapplicable in workers' compensation cases where fees are governed by section
440.34, Florida Statutes (1987), the lodestar approach should not be applicable under the provisions of section
733.617, Florida Statutes (1987)....
...1st DCA 1987), without the application of the lodestar approach. Patterson also draws an analogy to the inapplicability of the lodestar approach in condemnation proceedings, relying on Division of Administration v. Ruslan,
497 So.2d 1348 (Fla. 4th DCA 1986). Patterson next argues that the clause in section
733.617(1) which reads that "[r]easonable compensation shall be based on one or more of the following" allows an attorney to have his fee computed either on the basis of an hourly rate (lodestar approach) or on the basis of a percentage of the nature and value of the assets in the estate. The Real Property, Probate and Trust Law Section of The Florida Bar has filed an amicus curiae brief in support of respondent. The amicus asserts that the provision of section
733.617(1) which states that "[r]easonable compensation shall be based on one or more of the following" allows the trial judge to determine the amount of reasonable compensation in various ways....
...There is no equal protection for either the public or the lawyer if we allowed a method of assessing attorneys' fees that produced different results for the same type of case, depending on the personal preference of the trial judge. We reach this conclusion because we construe section 733.617(1), Florida Statutes (Supp....
...and amount of compensation of personal representatives for that area. They, rather than the legislature or the court, would determine what is a reasonable fee. We agree with our sister court in Maine when it addressed a statute virtually the same as section 733.617, Florida Statutes (1987), in Estate of Davis, 509 A.2d 1175 (Me....
...The court stated that reasonable compensation must be based on the services performed and that the amount and value of the estate may be a factor that the court may consider, but it should not be the exclusive factor used to determine a reasonable fee. Section 733.617, Florida Statutes (1987), mandates that an independent judicial officer set personal representatives' fees....
...ive's fee is illogical since the fee has no reasonable relationship to the services performed by the co-personal representative who serves with the corporate fiduciary. We find that such a computation is clearly contrary to the intent and purpose of section 733.617, Florida Statutes (1987)....
...Farm Fire & Casualty Co. v. Palma,
555 So.2d 836 (Fla. 1990). [7] Crittenden Orange Blossom Fruit v. Stone,
514 So.2d 351 (Fla. 1987). [8] Section 3-719 of the Maine Probate Code is identical to section 3-719 of the Uniform Probate Code, upon which section
733.617, Florida Statutes (1987), is based.
CopyCited 17 times | Published | Florida 4th District Court of Appeal
...Again, the court conducted an evidentiary hearing and, on March 16, 1978, entered an amended order reducing the amount of attorneys' fees to $12,050.00. The amended order indicated that the February 16th order was vacated and set aside and that the new award was based upon quantum meruit and upon the criteria established by Section 733.617, Florida Statutes (1977)....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...At the time the objections were heard, the Florida Probate Code of 1976 had been amended to permit the personal representative to compensate, without obtaining a court order: himself, attorneys, accountants, appraisers and other agents employed by him. § 733.617, Fla. Stat. (1977). However, Dawn's challenge to payment of that compensation invoked Section 733.6175, Florida Statutes (1977), which placed the burden of proof as to the propriety, reasonableness and necessity of such payments upon the personal representative....
...These statutes establishing the "prudent trustee" standard remain unchanged. [6] Had the attorneys who received the compensation been afforded notice and been joined in the proceedings, the court might have required them to make appropriate refunds. § 733.6175, Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 1995 WL 94421
...e left with a definite and firm conviction that the fee exceeds a reasonable fee for services provided to such a degree as to constitute clear overreaching or an unconscionable demand by the attorney." We agree with Garland that in light of sections 733.617 and 733.6171, Florida Statutes (1993), which provide the manner by which reasonable fees to the personal representative and attorney of an estate are to be determined, the referee's recommendation as to this violation must be rejected. Although sections 733.617 and 733.6171 did not became effective until after the Locke estate was closed, [1] if the fee charged in this case were charged today it likely would be considered reasonable under the new statutory provisions....
...GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] These provisions became effective October 1, 1993. Ch. 93-257 § 18, Laws of Fla. [2] As personal representative, Garland would be entitled to at least three percent of the $590,000 estate. § 733.617(2)(a), Fla. Stat. (1993). As attorney for the estate, Garland would be entitled to two percent of the estate plus an amount equal to the hours reasonably expended, times a reasonable fee for his services and for the services of persons under his supervision. § 733.6171(3), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1990 WL 129668
...Noting that the alleged savings to the estate through the litigation of the first case exceeded the assets of the estate, the court rejected the contingency agreement and determined the fee on an hourly basis, ordering repayment to the estate of amounts in excess of that fee. Section 733.617 (1987), Florida Statutes, governs the assessment of fees in this probate estate....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 139192
...This court reversed the trial court's order. Williams College v. Bourne,
625 So.2d 913 (Fla. 5th DCA 1993) [ Williams College I ]. On October 1, 1993, prior to the release of the opinion in Williams College I, a new section added to the Probate Code took effect. Under section
733.6171, Florida Statutes (1993), [2] compensation for attorneys of personal representatives was to be calculated by taking into account two components: (1) the hours worked by the attorney and (2) the value of the decedent's estate. It also provided that fees of the attorney for the personal representative for litigating his own compensation were chargeable against the estate. [3] §
733.6171(7), Fla.Stat....
...The effect of these provisions was to undo the holding of In re Estate of Platt,
586 So.2d 328, 336 (Fla.1991). In December, 1993, Ward filed a new petition for fees in which he calculated his award based on the new statute. Williams responded with a motion to determine the applicability of section
733.6171....
...Again Roby appeared as counsel on appeal for Ward. No appearance was made on behalf of appellee Bourne. Again this court reversed. Williams College v. Bourne,
656 So.2d 622 (Fla. 5th DCA 1995) [ Williams College II ]. The panel held that a retrospective application of section
733.6171 which served to increase the estate's obligation for attorney's fees was an unconstitutional denial of due process, and the court remanded the case to award Ward attorney's fees of $63,624. While Williams College II was on appeal, Ward moved, under authority of the new statute, to be awarded $15,927 in attorney's fees and costs for services rendered by Roby after the effective date of section
733.6171(7)....
...The court also awarded $2,877.50 for expert witness costs from the February 1-2, 1993 hearings, and $288.95 for deposition and photocopying costs. All of the awards were to be paid from the estate. Although the court's order did not expressly state the judge's reliance on section 733.6171(7), such reliance is implied. On appeal, Ward advances several arguments in support of the award of Roby's fees, but the application of section 733.617(7), Florida Statutes (1993) is the only one that merits discussion....
...eking fees. The answer to this question plainly is no. We find merit, however, in the argument that because, in a case such as this, the attorney could not act for himself, such an award could be proper. We agree with Williams College, however, that section 733.6171(7), Florida Statutes (1993), cannot be applied to award attorney's fees to Roby for defending Ward's fee request....
...Ross,
466 So.2d at 1098. The relevant inquiry in the case before this court is, therefore, when the "cause of action" arose between the parties. In Williams II, which concerned Ward's right to compensation for services rendered prior to the enactment of section
733.6171, Florida Statutes (1993), we considered whether the new statute could be used to compute fees....
...inextricably bundled at the moment Ward began his representation of the estate. It was at that time that any right he had to receive his fees and any corresponding obligation of the estate to pay those fees was legally vested. The effective date of section 733.6171(7), Florida Statutes (1993), was October 1, 1993. Prior to that date, and certainly on the date Ward began his representation, Ward was not entitled to receive fees for time expended in determining the amount of his fee, as the court explained in Platt. Because the effect of applying section 733.6171(7) to compensate Roby for defending Ward's fee claim is to retrospectively enhance the obligations of the estate, and ultimately Williams College, to pay Ward's fees, we reverse the order awarding fees for Roby's services in litigating Ward's fee....
...e administration process, and the costs, including the fees for 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....
...y a fraction of the claimed fees is awarded. [6] This reasoning does not extend to other costs of the hearing. The court assessed the estate with the fees of two expert witnesses used at the hearing. Under the law in effect prior to the enactment of section 733.6171(7), Florida Statutes (1993), the court had discretion to make such an award....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 2600505
...The Coopers' final argument is that the trial court abused its discretion by awarding Kelly's fee for her role as P.R. The standard of review is whether the trial court abused its discretion in determining the propriety of the fee. Sitomer v. First *691 of Am. Bank-Central,
667 So.2d 456 (Fla. 4th DCA 1996). Section
733.617, Florida Statutes, provides for compensation to the P.R....
...The Coopers' argument fails because it ignores the fact that the trial court applied the statutory compensation rate of 3% only to the net recovery that Kelly's participation provided to the estate, i.e., the $66,666 recovery after the reduction for her attorneys' fees. In contrast, section 733.617 provides that "[t]he commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration." By applying the statutory com...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...nd the discrepancy between the amount of the award and the number of hours spent times the stated hourly rate is not explained. Reversed and remanded with instructions to compensate appellee for his services at a rate to be determined as provided in Section 733.617, Florida Statutes (1979).
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 448524
...ure to the benefit of the client, so time spent litigating even that issue is not compensable under the statute. This reading of the statute draws strong support from In re Estate of Platt,
586 So.2d 328 (Fla.1991). Platt involved the application of section
733.617, Florida Statutes (1989), which provided that an attorney employed by a personal representative "shall be entitled to reasonable compensation." The attorney for the estate sought compensation for 54 hours expended in pursuit of his fee....
...ttorney's fees. [1] *331 We remand this case to the trial court for a recalculation of attorney's fees, eliminating that portion of the fee allocable to the time spent in obtaining the award. WARNER and SHAHOOD, JJ., concur. NOTES [1] The passage of section 733.6171(8), Florida Statutes (1995), superseded the holding of Platt excluding time incurred in collecting a fee from a recoverable fee....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...case, the fee was reasonable and justified. The court found further, that Matwiczyk had spent a significant amount of time following his discharge in collecting his fee and that of his counsel. [3] Accordingly, the court determined that, pursuant to section 733.6171, Florida Statutes (1993), said fees are compensable from the estate assets....
...ey fees from the estate. Our standard of review is whether the trial court abused its discretion in finding that the fees were reasonable and necessary. In re Estate of Bryan,
576 So.2d 344 (Fla. 4th DCA 1991). The first matter in dispute is whether section
733.617, Florida Statutes (1991), or section
733.6171(7), Florida Statutes (1993), is applicable to this case. In 1993, the Legislature amended section
733.617, Florida Statutes (1991). What remained after the amendment was section
733.617, which applies to compensation of personal representatives, and section
733.6171, which applies to compensation for the attorneys for the personal representative. Section
733.6171(8) indicates an effective date of October 1, 1993, and directs: (8) This section shall apply to estates in which an order of discharge has not been entered prior to its effective date but not to those estates in which attorney's fees have previously been determined by order of court after notice. §
733.6171(8), Fla.Stat....
...4th DCA 1985)(a clear statement of legislative intent may determine the retroactive effect of a statute.) This proceeding commenced in March 1993, was tried in August 1993, and was concluded in the trial court in December 1993. Clearly, it falls within the purview of section 733.6171(8), Florida Statutes (1993)....
...We find no merit in any of the Bittermans' arguments to the contrary, and decline to disturb the trial court's finding. Likewise, we find no error in the court's award to Matwiczyk and Boose, Casey of fees incurred for time expended seeking reasonable compensation for services on behalf of the personal representative. Section 733.6171(7), Florida Statutes (1993), provides: Court proceedings to determine compensation, if required, are a part of the estate administration process, and the costs, including fees for the personal representative's attorney, shall be determined by the court and paid from the assets of the estate....
...to the fee proceeding, they are ineligible under the statute to obtain fees incurred in the compensation proceeding. It is the Bittermans' contention that the statute applies only to an attorney who represents the fiduciary and/or his attorney in a 733.6175 fee proceeding. It is helpful to consider section 733.6171, Florida Statutes (1993) along with section 733.6175, Florida Statutes (1993), the statute which governs proceedings to determine *866 the propriety of employment of agents by the personal representatives and the reasonableness of their fees. We note that section 733.6171 does not distinguish between current and former agents. It merely provides that when a 733.6175 proceeding takes place, it is to be considered part of the administration process and the estate shall pay the fees for the personal representative's attorney. To limit section 733.6171 to only current counsel when its companion section, 733.6175, clearly does not place such limitations would be incongruous. Thus, we hold that a discharged attorney or fiduciary may seek reasonable compensation pursuant to section 733.6175, Florida Statutes, and may seek also fees incurred in said proceeding pursuant to section 733.6171, Florida Statutes....
...prevailing party in the fee dispute, awarded the firm additional fees. The court further found justification for the award of the additional fees based on the holding of In re Estate of Duval,
174 So.2d 580 (Fla. 2d DCA 1965) and the application of section
733.617, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1615, 1989 Fla. App. LEXIS 3802, 1989 WL 73806
...We affirm the award of attorney's fees on the basis of In re: Estate of Warwick,
543 So.2d 449 (Fla. 4th DCA 1989) which holds that Florida Patient's Compensation v. Rowe,
472 So.2d 1145 (Fla. 1985) is not applicable to the determination of attorney's fees and personal representative fees under section
733.617, Florida Statutes (1987)....
...by the appellant that it is contrary to the manifest weight of the evidence. Sheffield v. Davis,
417 So.2d 796 (Fla. 5th DCA 1982), citing In re: Estate of Ryecheck,
323 So.2d 51 (Fla. 3d DCA 1975). WALDEN, GUNTHER and WARNER, JJ., concur. NOTES [1] Section
733.617, Florida Statutes (1987), provides that reasonable compensation shall be based upon "one or more of the following" criteria set forth in the statute....
...fee. However, it appears that the Legislature specifically rejected that approach when it passed Chapter 76-172 adding the quoted language to the statute. The title to that act states as follows: An Act relating to the Florida Probate Code: amending § 733.617, Florida Statutes, providing that personal representatives [and] attorneys ......
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Indeed, even in the absence of a timely objection or any objection, it is the statutory (and inherent) obligation of the trial court to review and determine the reasonable amount of compensation to be paid to an attorney for a personal representative in a probate proceeding. § 733.617, Fla....
...a clear showing by the appellant that it is contrary to the manifest weight of the evidence. In Re Estate of Ryecheck,
323 So.2d 51 (Fla. 3d DCA 1975). No such showing has been made by this appeal. AFFIRMED. DAUKSCH and SHARP, JJ., concur. NOTES [1] Section
733.617, Florida Statutes (1981), provides as follows: Compensation of personal representatives and professionals....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1280, 1989 Fla. App. LEXIS 2919, 1989 WL 53351
...Sitko,
505 So.2d 497 (Fla. 1st DCA), rev. denied,
513 So.2d 1064 (Fla. 1987); Division of Administration, State Department of Transportation v. Ruslan, Inc.,
497 So.2d 1348 (Fla. 4th DCA 1986); Rivers v. SCA Services of Florida, Inc.,
488 So.2d 873 (Fla. 1st DCA 1986); §
733.617, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 15021
...Oklahoma Tax Commission, 350 P.2d 246 (Okla. 1960); In re Fenner's Estate, 2 Utah 2d 134, 270 P.2d 449 (1954); 33 C.J.S. Executors and Administrators § 121, pp. 1074-1075. On the strength of these authorities I concur in the decision to reverse the order under review. NOTES [1] Section 733.617, Florida Statutes, effective 1975, alleviates the fee aspect as a problem in the probate of property devised under a general power of appointment....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...3d DCA 1981), wherein we reversed the $25,000 fee as being excessive and remanded for further consistent proceedings. On remand, a successor judge without reviewing the record, awarded a fee of $18,000. It is unnecessary to again set out the facts. On our consideration of the record, and an application of Section 733.617, Florida Statutes (1979) (the attorney fees statute), a fee of $18,000 is still excessive....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 305793
...Relying upon these representations made under oath, the trial court entered an order admitting the will to probate and appointing Pass as co-personal representative. Thereafter, Pass filed a motion to renounce the will's compensation provisions by electing to be compensated for services under Section 733.617, Florida Statutes (2003)....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. *144 §
733.502, Fla. Stat. Resignation of personal representative. §
733.613, Fla. Stat. Personal representative's right to sell real property. §
733.6175, Fla....
...2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
731.201(21)(23), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.612(19), Fla. Stat. Transactions authorized for the personal representative; exceptions. §
733.617, Fla. Stat. Compensation of personal representative. §
733.6171, Fla. Stat. Compensation of attorney for the personal representative. §
733.6175, Fla....
...Citation form changes in committee notes. 1992 Revision: Subdivision (b)(5)(D) is added. Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Addition in (a)(4) of specific attorney fee compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all compensation....
...1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
731.201(10), (21)(12), (23), Fla. Stat. General definitions. §
733.6175, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1998 WL 190403
...If the court determines that the personal representative exceeded his or her authority in bringing the action or in rejecting the offer of judgment, then the trial court should surcharge the personal representative, not deny Class 1 priority status to the obligation. See § 733.617(7), Fla....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4351
...(i) In the absence of a conflict of interest, trustees, guardians, and personal representatives may give waivers on behalf of the beneficiaries of trusts, wards, and beneficiaries of estates. Committee Notes: 1977 Revision: New. This rule is intended to fully comply with the provision of section 733.617, Florida Statutes (1975)....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...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. Costs and attorney fees.
733.212, Fla.Stat. Notice of administration; filing of objections and claims.
733.6175, Fla.Stat....
...Notice of administration; filing of objections and claims. §
733.2123, Fla.Stat. Adjudication before issuance of letters. §
733.502, Fla.Stat. Resignation of personal representative. §
733.613, Fla.Stat. Personal representative’s right to sell real property. §
733.6175, Fla.Stat....
...y hhathe personal representative. Any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds. Committee Notes This rule represents a rule implementation of the procedure found in Subsection 733.6175, Florida Statutes....
...Citation form changes in committee notes. Statutory References §
731.201(21), Fla.Stat. General definitions. §
731.301, Fla.Stat. Notice; method and time; proof. § 733,617, Fla.Stat. Compensation of personal representatives and professionals. 1¾=⅛
733.6175, Fla.Stat....
...1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References §
731.201(10), (21), Fla.Stat. General definitions.
733.6175, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9946, 1993 WL 387167
...2 Finally, we address appellant’s claim that the lower court erred in overruling her objection regarding appellee’s personal representative fees. Appellee posits essentially that since appellant did not submit this objection below specifically pursuant to section 733.6175, Florida Statutes (1991), appellee was under no duty to provide evidence regarding the reasonableness of his compensation....
...5.401, it was incumbent upon the lower court to take evidence regarding the reasonableness of the $18,000.00 compensation charge. We therefore reverse and remand to the lower court to conduct an evidentiary hearing regarding the reasonableness of appellee’s fees, taking into account the criteria established in section 733.617, Florida Statutes (1991)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2112, 1986 Fla. App. LEXIS 9943
...On October 31, 1985, the trial judge entered an order approving the partial distribution to the beneficiaries, the payment of attorney’s fees in the amount requested, and the payment of personal representative’s fees in the amount of $13,843. The beneficiaries subsequently filed a petition pursuant to section 733.6175, Florida Statutes (1985) seeking review of the proposed final personal representative fee of $25,-908....
...he substituted judge. Upon receipt of those arguments, affidavits, and exhibits, the substituted judge neither considered the reasonableness of the final fee sought by the personal representative, i.e., $25,908, nor followed any of the provisions of section 733.6175....
...ter believed he should have done. Aabye v. Aabye, 292 N.W.2d 92 (N.D.1980). Clearly, the bank had never sought approval of its final personal representative’s fee. Since the beneficiaries of the estate sought review of the proposed fee pursuant to section 733.6175, the bank had the right to attempt to carry its burden of proof on the propriety of its proposed total personal representative fee pursuant to the requirements of that section....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10988, 1995 WL 613191
...ifference. That is not clear, however, so a new order citing record support should be entered. *942 It is our determination that guardians of the estate, like personal representatives and lawyers seeking fees, should follow the guidelines set out in section 733.617(1), Florida Statutes (1987) and Florida Patient’s Compensation Fund v....
CopyPublished | District Court of Appeal of Florida | 28 Educ. L. Rep. 1185, 10 Fla. L. Weekly 2538, 1985 Fla. App. LEXIS 16787
...Bullard, deceased, appeals an order of probate allowing James E. Miller, individual co-personal representative of Bullard’s estate, to renounce a provision in the will which had fixed the latter’s compensation at $1,200 per year, and permitting him instead to claim compensation pursuant to Section 733.617(1), Florida Statutes (1981). We reverse the order as it pertains to allowing Miller the right to renounce, but otherwise affirm. At issue before us is the lower court’s construction of section 733.617(2), stating: If a will provides for compensation of the personal representative either directly or conditionally and there is no contract with the decedent regarding compensation, he may renounce the provisions and be entitled to reasonable compensation....
...estate, or $93,323.44. Miller had testified that there was no contractual arrangement with the testator regarding compensation, and the lower court apparently accepted Miller’s testimony in that regard. We have found no cases in Florida construing Section 733.617(2), Florida Statutes; nevertheless we do not view the statute as requiring a separate contract outside the will between an executor and a decedent regarding compensation, when, as here, the former serves the estate as both attorney an...
...Hightower, 233 Ala. 39 ,
169 So. 878 (1936); James v. Echols, 183 Ark. 826 , 39 S.W.2d 290 (1931); In re Whitney’s Estate, 78 Cal.App. 638 , 248 P. 754 (Cal.Dist.Ct.App.1926); Stanley v. Henderson, 139 Tex. 160 , 162 S.W.2d 95 (1942). Similarly, a fair reading of Section
733.617(2), Florida Statutes, conveys the meaning that if a personal representative enters into a contract with a decedent during the latter’s lifetime regarding compensation, the representative is bound by the terms of the agreement once he accepts such office....
...person’s lifetime, we construe the statute as permitting the representative to renounce any such limitation in a will and to seek statutory compensation within a reasonable time after he has accepted the office. There is no provision contained in section 733.617(2) as to a specific time for renunciation, and in the absence of such provision, the general rule is that a personal representative may renounce compensation fixed within the instrument within a reasonable time....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2403, 1986 Fla. App. LEXIS 10573
...fect of unnecessarily taxing estates with the costs of services of expert witnesses at each hearing on partial fees. It is at the conclusion of the administration of an estate that an expert witness, through consideration of the factors set forth in section 733.617, Florida Statutes, can render the most accurate opinion of the reasonable value of a professional’s services. Furthermore, if at the final hearing on fees it is determined that the partial award was either excessive or deficient, the final award may be adjusted accordingly. See also section 733.6175, Florida Statutes (1985) (person determined to have received compensation for services rendered an estate may be ordered to make appropriate refunds)....
CopyPublished | Florida 3rd District Court of Appeal
...A continuance
under such circumstances is still a matter within the court’s discretion”).
We also affirm the trial court’s denial of Matthiesen’s motion for an
award of personal representative fees, again finding no abuse of discretion
4
in such decision. See § 733.617(7), Fla....
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3890
intended to fully comply with the provision of Section
733.617, Florida Statutes (1975). Its disclosure provisions
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 6145, 1997 WL 291955
...sonal representative’s fee. Therefore, the $60,000 award consisted solely of an attorney’s fee. While the appeal in Sitomer I remained pending, the trial court determined Herb & Medniek were entitled to an award of attorneys fees pursuant to section 733.6171(7), Florida Statutes (1993), for their representation of Sitomer in his litigation to secure an attorney’s fee, and entered the orders First of America now appeals....
...and so on.... We conclude Herb & Medniek are not entitled to a payment from the estate for their representation as attorney for the attorney for the personal representative of the estate. In so concluding, we do not reach the question of whether section
733.617, Florida Statutes (Supp.1990), controls the issue of attorney’s fees against this estate, or whether the amended section
733.6171(7), Florida Statutes (1993), should be applied retroactively to Herb & Mednick’s claim for fees, *878 because we conclude under either statute Herb & Mednick are not entitled to a separate attorney fee award against the estate. Under the former statute, In re Estate of Platt,
586 So.2d 328 (Fla.1991), would preclude the award. We reject Herb & Med-nick’s argument section
733.6171(7), Florida Statutes (1993) would allow a fee, because the language of that section provides only for “fees for the personal representative’s attorney” related to court proceedings to determine compensation for that attorney. §
733.6171(7), Fla....
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1557, 1987 Fla. App. LEXIS 9020
personal repre*615sentative in a probate proceeding. §
733.617, Fla.Stat. (1981). Id. at 798. (footnote omitted)
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...2003 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice, — method and time;-proof. §
733.106, Fla. Stat. Costs and attorney’s fees. §
733.212, Fla. Stat. Notice of administration; filing of objections and claims. §
733.6175, Fla....
...Notice of administration; filing of objections and claims. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.502, Fla. Stat. Resignation of personal representative. §
733.613, Fla. Stat. Personal representative’s right to sell real property. §
733.6175, Fla....
...Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Addition of specific fee waiver disclosure requirements found in §
733.6171(9), Florida Statutes, and expanded to cover all fees. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References §
731.302, Fla. Stat. Waiver and consent by interested person. §
731.303, Fla. Stat. Representation. §
733.6171, Fla....
...he personal representative. Any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds. Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.6175, Florida Statutes....
...2003 Revision: Committee notes revised. Statutory References §
731.201(21), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice^ — method and time; proof. §
733.612(19), Fla. Stat. Transactions authorized for the personal representative; exceptions. §
733.617, Fla. Stat. Compensation of personal representative. §
733.6171, Fla. Stat. Compensation of attorney for the personal representative. §
733.6175, Fla....
...Citation form changes in committee notes. 1992 Revision: Subdivision (b)(5)(D) is added. Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Addition in (a)(4) of specific attorney fee compensation disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all compensation....
...1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. 2003 Revision: Committee notes revised. Statutory References §
731.201(10), (21), Fla. Stat. General definitions. §
733.6175, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6124, 1991 WL 116856
...S237, requires reversal because the trial court failed to determine specifically the reasonable hourly rates and the reasonable number of hours expended by the personal representatives and awarded the bank’s fee entirely on a percentage basis. In Platt, the Florida Supreme Court held that under section 733.617(1) 1 “trial judges were required to take into account each of the factors applicable to the particular case before them.” Id....
...da Patient’s Compensation Fund v. Rowe,
472 So.2d 1145 (Fla.1985), and which awarded attorney’s fees based solely on a percentage of the estate, the order under review here was based upon all of the factors enumerated in the probate fee statute, section
733.617(1), Florida Statutes (1987), including the time and labor reasonably expended and the reasonable hourly rate....
...Accordingly, we vacate the final judgment and remand for the entry of an order containing these findings. See DeLoach v. Westman,
506 So.2d 1142 (Fla. 2d DCA 1987); Brady v. Williams,
491 So.2d 1160 (Fla. 2d DCA 1986). Judgment vacated; cause remanded for further consistent proceedings. . Section
733.617(1) provides that reasonable compensation for personal representatives and their attorneys shall be based on: (a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the service properly....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14215
...However, the court also denied appellant’s motions for attorney’s fees. This appeal ensued. The sole issue is whether appellant’s attorney’s fees, incurred by him in his defense of Dora Brown’s attack upon him should have been charged to the estate. Section 733.617, Florida Statutes (Supp.1976), the controlling statute, relates to compensation of personal representatives and professionals....
CopyPublished | Florida 4th District Court of Appeal
...the 3% personal representative fee where she was never appointed as
personal representative.
“A personal representative shall be entitled to a commission payable
from the estate assets without court order as compensation for ordinary
services.” § 733.617(1), Fla....
...Stat. (2020).
“A commission computed on the compensable value of the estate is
presumed to be reasonable compensation for a personal representative in
formal administration as follows: (a) At the rate of 3 percent for the first
$1 million.” § 733.617(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 16 Fla. L. Weekly 526, 1991 Fla. App. LEXIS 1336
...n III, and the money transferred from the Tom Bryan Trust, lie at the heart of the issues we have considered. In determining “reasonable” compensation for a personal representative and the professionals it hires, the trial court is controlled by section 733.617, Florida Statutes (1987), regardless of the fee schedule agreed to by the personal representative and its attorneys....
...Based upon the foregoing, this matter is remanded for further proceedings not inconsistent with this opinion. DOWNEY and LETTS, JJ., concur. . Although not an independent issue in this case, a law firm other than the Sun Bank's was employed to resolve the IRS dispute for which it was paid $ 15,000 from Camille's estate. . Section 733.617, Florida Statutes (1987) provides as follows: (1)Personal representatives, attorneys, accountants, and appraisers and other agents employed by the personal representative shall be entitled to reasonable compensation....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 19031, 2002 WL 31828445
...The estate consisted of about $6 million dollars in stocks and bonds which were managed by a bank, a minority interest in a manufacturing company, a residence with an adjacent horse farm, and some warehouses. The P.R. and counsel both sought fees based on the sliding scale percentage fee rate provided for in sections 733.617 and 733.6171, Florida Statutes (1997), plus additional fees for extraordinary services....
...and found that neither the production of income by investing in bonds, nor the decision as to liquidating securities in order to satisfy bequests, was out of the ordinary. The court’s decision to award fees based on the sliding scales provided in section 733.617 for the P.R. and section 733.6171 for counsel, and no additional fees for extraordinary services, is supported by competent substantial evidence. Counsel also sought a separate enhancement of his fee for preparing the federal estate tax return based on section 733.6171(4)(e), Florida Statutes, which presumes a reasonable fee for preparation of the return to be one-half of one percent for estates under $10 million if the return is “prepared by the attorney.” The fee agreement in this case refers...
...and fee agreement, but that additional fees could be awarded on an hourly basis. We agree with that conclusion. 1 The P.R. has moved for attorney’s fees to be awarded from the estate for services rendered on his appeal as well as the cross-appeal. Section 733.6175(2), Florida Statutes (1992), formerly section 733.6171(8), provides: *210 Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are part of the estate administration process, and the costs...
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 16255, 2000 WL 1817136
...These objections addressed the accountings of the personal representatives as well as interim accounting of the trustees. The objections to both account-ings were heard by the trial judge. The fees of the personal representatives and their attorney, Stiss, were calculated pursuant to sections 783.617 and 733.6171 Florida Statutes (1999). Hood and Ham-matt were awarded $82,407.85 each for their services as personal representatives. The Foundation contended that this award is improper and argued that section 733.617(5) 7 violates the equal protection and due process clauses of the Florida and United States Constitutions, as permitting double compensation for the same work....
...The legislature has the authority to create classifications based upon financial resources for the amount involved in a transaction. See Reserve Insurance Co. v. Gulf Florida Terminal Co.,
386 So.2d 550 (Fla.1980). The Foundation was afforded notice and opportunity to be heard as provided by the statute. See §
733.617(7)Fla....
...The total *1234 amount of the claim for refund exceeded $221,000.00, including penalties and interest. The claim for refund was ultimately denied. . The final accounting reflected that $3,048,000.00 had been marshaled by the personal representatives. . Subsection 733.617(5) provides: If the probate estate’s value as defined in subsection (1) is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative....
...If the probate estate's value is less than $100,000 and there is more than one personal representative, then one full commission allowed herein to a sole personal representative must be apportioned among the personal representatives according to the services rendered by each of them respectively. .Subsection 733.617(7) provides: The compensation for a personal representative as set forth in subsections (2) and (3) may, upon petition of any interested person, be increased or decreased by the court....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7732, 1991 WL 148348
...led this appeal. CO-PERSONAL REPRESENTATIVE AWARD We find the trial court abused its discretion in awarding a fee of $140,000 to Mickler based on the evidence presented. Personal representatives are, of course, entitled to reasonable compensation. 1 Section 733.617, Fla.Stat....
...The, trial court found that the award to Mickler was justified based upon the fee customarily charged in the locality for similar services, the nature and value of the assets of the estate, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person. Sections 733.617(l)(a), (c) and (d), Fla.Stat. (1987). Also, the trial court said that the award to Mickler was justified based upon the nature and length of the professional relationship with the decedent. Section 733.617(l)(f), Fla.Stat....
...wick,
543 So.2d 449 (Fla. 4th DCA 1989), the Fourth District Court of Appeal held that the lodestar approach of Florida Patients Compensation Fund v. Rowe,
472 So.2d 1145 (Fla.1985) need not be applied in the determination of attorney’s fees under section
733.617....
...was to calculate a benchmark figure of 2½% for the first $100,000 of the estate and 172% of everything thereafter. This amount was then compared against the actual time records of the attorneys and paralegals and then the factors set out in Chapter 733.617....
...this cause be remanded to the trial court for further proceedings to calculate the attorney’s fees and personal representative’s fee in accordance with the views expressed in this opinion. REVERSED and REMANDED. COBB and W. SHARP, JJ., concur. . 733.617 Compensation of personal representatives and professionals.— (1) Personal representatives, attorneys, accountants, and appraisers and other agents employed by the personal representative shall be entitled to reasonable compensation....
CopyPublished | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 2806, 1990 WL 49858
...nt fee agreement with the residuary legatee and some of the specific beneficiaries (other than appellants) to represent them in the earlier will contest. 3 See In re *354 Estate of Lane. The court determined, applying either the factors set forth in section 733.617, Florida Statutes (1987), or the criteria of Florida Patient’s Compensation Fund v....
...Rowe,
472 So.2d 1145 (Fla.1985), that $760,000 was a reasonable fee. We reiterate that the personal representative was not a party to the contingency fee agreement and that agreement has no bearing on the determination of the amount of a reasonable fee due for services rendered to the personal representative. Section
733.617, Florida Statutes (1987), provides the criteria for determination of reasonable compensation for attorneys hired by the personal representative....
...titlement 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)....
