CopyCited 48 times | Published | Supreme Court of Florida | 1998 WL 136196
...ed 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....
...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....
...presentative 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 17 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 369, 2002 Fla. LEXIS 830, 2002 WL 730701
...Carlon charged and received $11,080 in fees for his representation of Bruce Whalley as personal representative. The amount included $120 which Carlon agrees was an overcharge due to a mathematical error on Carlon's part. Carlon was entitled to an approximate fee of $3435 under section 733.6171, Florida Statutes (2000)....
...hat the referee must refute all reasonable hypotheses before finding a rules violation. We reject Carlon's arguments and find that there is competent, substantial evidence contained in the record supporting the referee's guilt finding. For instance, section
733.6171 sets forth a statutorily presumed reasonable fee for the personal representative's attorney. Under the statutory compensation schedule, Carlon would have received $3435. Cf. Florida Bar v. Garland,
651 So.2d 1182, 1184 (Fla. 1995) (finding no rule 4-1.5(a) violation where amount charged in probate matter was consistent with amount section
733.6171 would have allowed)....
CopyCited 10 times | Published | Supreme Court of Florida | 1995 WL 94421
...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....
...§
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 8 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 6892, 2009 WL 1531644
...to by the expert without considering that the reasonable hourly rate had already been discounted by 51% pursuant to the prepaid legal services program. We agree. Attorneys representing probate estates are entitled to receive reasonable compensation. § 733.6171, Fla....
..."[A] probate court should consider the nature of the services rendered and the necessity for their performance, together with the reasonableness of the charges." Estate of Brock,
695 So.2d 714, 718 (Fla. 1st DCA 1996). Section (5) enumerates nine specific factors a court must consider in determining a reasonable fee. §
733.6171(5)(a), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1996 WL 419325
...set forth in the will. Dew v. Nerreter,
664 So.2d at 1180; In re Estate of Lewis,
442 So.2d 290, 292 (Fla. 4th DCA 1983). Appellee maintains he sought court approval of compensation of professionals merely as a cautionary measure, urging that under section
733.6171, Florida Statutes, the personal representative was authorized to pay the fees from estate assets without court order. Section
733.6171, Florida Statutes (1993), provides in part: (1) Attorneys for personal representatives shall be entitled to reasonable compensation for their services payable from the assets of the estate without court order....
...Bourne,
670 So.2d 1118, 1119 (Fla. 5th DCA 1996); Franklin v. Stettin,
579 So.2d at 247. In this case, appellee, the personal representative, testified that he negotiated attorney's and accountant's fees without reference to the percentage formula authorized by section
733.6171(3)....
...171(4) as appropriate to the determination of a reasonable attorney's fee in probate proceedings. In this regard, we reject appellee's implicit suggestion that his motion for leave to compensate professionals was a pro forma exercise. Our reading of section 733.6171(4) leads us to conclude that appellee's petition for a decrease in the ordinary compensation due the attorneys who performed services for the estate was subject to the factors enumerated in subparagraphs (a) through (i) of that provision....
...avoid the consequences of seeking that approval by now arguing that approval was unnecessary, or that the abbreviated procedure undertaken in this case should be condoned. As to the portion of the order which approved compensation of the accountant, section 733.6171 does not apply....
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....
...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 | 1997 WL 448524
...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 | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...This Court granted the motion and the interveners' proposed amendments were published in the May 15, 1996, issue of The Florida Bar News. No comments dealing with the intervenors' proposed amendments were filed. The intervenors' proposed amendments are intended to conform to a 1995 amendment of section 733.6171, Florida Statutes, regarding disclosure of attorney fees....
...did not address this statutory change. At oral argument, Committee Chair Wilson Smith recommended adopting the intervenors' proposals. Accordingly, rules 5.180 and 5.400 are amended to include the specific fee waiver disclosure requirements found in section 733.6171(9), Florida Statutes (1995)....
...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. Statutory References
731.302, Fla.Stat. Waiver and consent by interested person.
731.303, Fla.Stat. Representation.
733.6171, Fla.Stat....
...s on hand at the end of the accounting period. If this is a FINAL accounting, the amount and manner of determining compensation for attorneys for the personal representative(s) are disclosed on Schedule F, unless the disclosure is waived pursuant to Section 733.6171(9) of the Florida Statutes by the parties bearing the impact of the compensation....
...ves ___________________________________________________________________________________________ ____________ The amount and manner of determining the compensation for attorneys for the personal representatives are as follows: Florida Probate Code, F.S. 733.6171(9) requires that the amount and manner of determining compensation for attorneys for personal representatives be disclosed in the final accounting, unless the disclosure is waived in writing signed by the parties bearing the impact of the compensation and filed with the court....
...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 representatives and professionals.
733.6171, Fla.Stat....
...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 *101 requirements found in 733.6171(9), Florida Statutes, and expanded to cover all compensation....
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....
...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....
...he 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....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Kozek as counsel for the third successor personal representative, we reject this argument because by statute, "The court may determine reasonable attorney's compensation [for an attorney for the personal representative] without receiving expert testimony." § 733.6171(6), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1995 WL 385409
...of Dittmer, Wohlust & Wilkins, P.A., Maitland, for appellant/cross-appellee. Ronald H. Roby, Winter Park, for appellee/cross-appellant, Sidney C. Ward. No Appearance, for appellee/cross-appellant, Robert A. Bourne. HARRIS, Chief Judge. The issue in this case is whether section 733.6171, Florida Statutes, enacted in 1993, controls the award of attorney's fees in this *623 estate which was filed in 1988. All of the services involved in this appeal were rendered prior to the enactment of section 733.6171. The trial court, applying section 733.6171, determined that a reasonable fee would be $116,676.10....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 34039
...Camp, Jr., of Camp & Camp, P.A., Fort Lauderdale, for appellee/cross-appellant. POLEN, Judge. Alvin Sitomer appeals an order granting him $60,000.00 for administering the estate of Harold Good. We affirm, finding Mr. Sitomer's award reasonable compensation under section 733.6171, Florida Statutes (1993)....
...Good passed away, he had established a revocable trust in Lansing, Michigan worth approximately twenty-five million dollars. In addition, he maintained Florida assets amounting to $104,000.00. For administering Mr. Good's estate, Mr. Sitomer requested compensation under section 733.6171, Florida Statutes, in the amount of $265,236.57....
...The matter came before the trial court for final hearing, where the court ordered a $60,000.00 award. The court designated $30,000.00 for potential liability and special facts, and the remaining $30,000.00 for hours expended. In determining compensation, the trial court applied section 733.6171, Florida Statutes (1993), entitled Compensation of Attorney for the Personal Representative....
...Section one of this statute states: Attorneys for personal representatives shall be entitled to reasonable compensation for their services payable from the assets of the estate without court order. Absent agreement of the parties, compensation for the personal representative can be determined in accordance with section 733.6171(3) and (4) which provides: (3) Ordinary compensation consisting of the sum of the following two parts is presumed to be reasonable compensation for attorneys in estate administration....
CopyCited 1 times | Published | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 132342, 2014 WL 4683182
...part to her failing health, resigned as Co-Trustee, and Aleta accepted that role. Docs. 1-77 at 102; 1-97. At that meeting, Aleta also signed the Fee Agreement, which proposed that fees be “calculated pursuant to the provisions of Florida Statutes § 733.6171 and § 737.2041,” but included no calculation of the fees....
...Without any showing of the actual calculation of fees, however, this term, as it appeared in the June 2 version of the Fee Agreement, was open and ambiguous. Indeed, although the “Amount of Fees” purports to be calculated pursuant to Florida Statutes §§
733.6171 and 737.2041, these sections do not set forth a “definite proposition” as to the fees. Rather, both sections provide that the parties “may agree to compensation determined in a different manner than provided in this section.” See Fla. Stat. §§
733.6171 (2),
736.1007(2)....
...1-96 ¶ 3, does not resolve this ambiguity. It is entirely plausible that the parties could have agreed to a fee calculated according to the value of the estate but that differs from the “presumptively reasonable” schedule set forth in Florida Statutes §§ 733.6171 and 737.2041....
...ee was not mandatory or explaining any alternatives to her, West acted in *665 reckless disregard of these duties. West is an experienced attorney who has practiced law for many years. He admits that he knew that the provisions of Florida Statutes §§ 733.6171 and 737.2041 were not mandatory, 3 and that he had a duty to minimize attorneys’ fees, see Doc....
...First, Florida Statutes §
736.1007(2) does not provide for a “default” fee. Rather, it merely states that “[ujnless otherwise agreed, compensation based on the value of the trust assets ... at the rate of 75 percent of the schedule provided in s.
733.6171(3)(a)-(h) is presumed to be reasonable total compensation.......
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...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....
...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....
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: Subdivision (b)(5)(D) is added. Editorial changes. Committee notes revised. Citation form changes in committee notes. *1207 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....
CopyPublished | Florida 3rd District Court of Appeal
the residuary beneficiary of the estate. “Section
733.6171(5) of the Probate Code, which governs the
CopyPublished | Florida 3rd District Court of Appeal
...We find that the
co-personal representatives’ argument would violate the axiomatic principle
“that all parts of a statute must be read together in order to achieve a
consistent whole.” Forsythe v. Longboat Key Beach Erosion Control Dist.,
604 So. 2d 452, 455 (Fla. 1992).
Section
733.6171(5) of the Probate Code, which governs the
compensation of attorneys for the personal representative, confers standing
to object to a fee request upon an “interested person,” providing:
Upon petition of any intereste...
...nces
of the particular administration warrant. In
determining reasonable compensation, the court
shall consider all of the following factors, giving
weight to each as it determines to be appropriate . . .
§ 733.6171(5), Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...on hand at the end of the accounting period. If this is a-FINAL accounting, the -amount and manner of-determining compensation for attorneys-for the personal reprosentative(s) aro disclosed on Schedule F, unless-the disclosure is waived pursuant-to Section 733.6171-(-9)-ef the Florida Statutes-by the parties boaring tho impact of the compensation....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 4081, 2004 WL 624954
...We reverse and remand to the trial court to conduct an evi-dentiary hearing to determine the appropriate amount of interim attorney’s fees for non-litigation services due to Appellee, as personal representative, pursuant to the factors contained in section 733.6171, Florida Statutes (2001)....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 4302, 2005 WL 711761
...retion as to the application of the law to the facts.” We disagree. Baumann argues that the trial court erred by failing to make any findings as to extraordinary services and by failing to award fees for those services. The Florida Probate Code in section 733.6171(4), Florida Statutes (2003), provides that “[i]n addition to fees for ordinary services, the attorney for the personal representative shall be allowed further reasonable compensation for any extraordinary service.” (Emphasis adde...
...ded and, if so, what a reasonable fee would be. By adopting the general master’s report, the trial court also failed to make any ruling on this issue and thereby denied Bau-mann’s claim for extraordinary services fees, contrary to the mandate of section 733.6171(4)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 3142, 1999 WL 140598
...services is an appropriate starting point for the computation of a reasonable fee in estate proceedings.... ” In Re Estate of Platt,
586 So.2d 328, 335 (Fla.1991). Here, the hours and hourly rate do not support the fee awarded. Appellee points to section
733.6171(3), Florida Statutes (1993), 1 as support for its award, noting that the percentage of the estate calculation which the statute allows as a reasonable fee would be in excess of $240,000 for an estate of this size....
...ity of the circumstances where the parties negotiated without reference to the percentage fee. Cf. In re Estate of McQueen,
699 So.2d 747, 752 (Fla. 1st DCA 1997). Additionally, the statute sets forth only “presumed” reasonable compensation. See §
733.6171(3). It also authorizes a trial court to consider the totality of circumstances of the representation to determine reasonable compensation in any given estate. See §
733.6171(4)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 2674, 1999 WL 129460
...ading or during such hearing, then all attorney’s fees and costs incurred by the Personal Representative and Trustee in defending against the issues raised in said pleading or at said hearing shall be paid from her portion of the Estate and Trust. Section 733.6171, Florida Statutes, sets forth the bases for payment of fees for extraordinary services performed by the attorney for the personal representative. Although we understand the trial court’s reason for including the quoted language in the order, § 733.6171 does not contemplate a prospective award of fees....
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....
...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 | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...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....
...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....
...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....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...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....
...ned by section
731.302, Florida Statutes, and to address manner of execution and contents of waiver. Committee notes revised. Statutory References §
731.302, Fla. Stat. Waiver and consent by interested person. §
731.303, Fla. Stat. Representation. §
733.6171, 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....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 15022, 1998 WL 842695
...Boose, Casey also argues it was entitled to an award of attorney’s fees because rule *386 1.420(d) allows an award of fees when a statute provides assessment of fees as proper costs. As to this latter point, the statutory authority to which Boose, Casey points, section 733.6171, does not apply to this case....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 19031, 2002 WL 31828445
...anaged 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....
...ction 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...
...arded 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 | Florida 3rd District Court of Appeal
...§
731.201(23), Fla. Stat. (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....
