CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...he 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 | Florida 4th District Court of Appeal | 2000 WL 257099
...survivors, if they believe that a personal representative will inflict injury on their interests by acting improperly, in bad faith, or in a transaction affected by a conflict of interest. See, e.g., §§
733.609,
733.610,
733.619, Fla. Stat. Under section
733.6175, Florida Statutes, the code provides for proceedings to review the personal representative's employment of agents upon the petition of an interested person bearing all or part of the impact of the payment of compensation to the agent....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...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....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1354
...of the stipulation was that Richardson agreed that his invoices to Jones for legal services had been paid in full. Consequently, Richardson must reimburse the estate for the actual sum he received from Jones less the $2,650.29 allowed by the court. Section 733.6175, Florida Statutes (1985), provides that "Any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds." Richardson argues that because he had bee...
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...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....
...oyed by the 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 section 733.6175, Florida Statutes....
...
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. Compensation of attorney for the personal representative.
733.6175, Fla.Stat....
...Citation form changes in committee notes. 1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. Statutory References
731.201(10), (21), Fla.Stat. General definitions.
733.6175, Fla.Stat....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1995 WL 621360
...Rule 5.020(b), Florida Rules of Probate, requires a petition in probate matters to contain a statement of the court's jurisdiction, if the jurisdiction has not already been established. We find that the petition's allegation that the proceeding to review the employment of agents was commenced pursuant to section 733.6175, Florida Statutes, was sufficient to comply with rule 5.020(b), Florida Rules of Probate....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...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....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18086, 2014 WL 5611595
...Kozinski
was appointed as personal representative of the estate. Subsequently, the
two cases were consolidated. Appellees Stabenow and Faul, E.W.H.’s two
other daughters, are beneficiaries under the will and the trust. Kozinski
is also a beneficiary under the will and the trust.
Pursuant to sections
733.6175 and
736.0206, Florida Statutes (2014),
the appellees filed a petition to review the compensation of Kozinski as
personal representative and as trustee, as well as fees paid to Kozinski’s
law firm and the law firm of Broad and Cassel....
...See Fla. Prob. R. 5.025(a), (d). The appellees disagreed and
argued that the petition was not an adversary proceeding and did not
require formal notice. The appellees maintained that the remedy of a
“refund” which is provided for under sections
733.6175 and
736.0206 was
indistinguishable from a “surcharge,” and asserted that the court already
had jurisdiction over Kozinski as personal representative and trustee by
virtue of her initial pleadings....
...“The denial of a motion to dismiss for lack of personal jurisdiction is
reviewed de novo.” Kent v. Marmorstein,
120 So. 3d 604, 605 (Fla. 4th
2
DCA 2013).
The appellees filed their petition in a probate case pursuant to section
733.6175 (Proceedings for review of employment of agents and
compensation of personal representatives and employees of estate) and
section
736.0206 (Proceedings for review of employment of agents and
review of compensation of trustee and employees of trust). §§
736.0206,
733.6175, Fla. Stat. Both statutes provide that “[a]ny person who is
determined to have received excessive compensation [from a trust or
estate] for services rendered may be ordered to make appropriate refunds.”
§§
733.6175(3),
736.0206(3), Fla....
...The issue of whether such a proceeding is considered an adversary
proceeding, in turn, depends on whether a “refund” ordered pursuant to
either statute is tantamount to a “surcharge,” as that term is used in the
Florida Probate Rules and the case law. Section 733.6175 makes no
reference to “surcharge.”2 However, as discussed below, the case law in
Florida clearly indicates that a fee dispute arising under section 733.6175
is, in essence, a surcharge proceeding.
Florida Probate Rule 5.025(a) specifically provides that a proceeding to
“surcharge a personal representative” is an adversary proceeding....
...Thus, case law discussing the principles of
“surcharge” in the guardianship context are useful in analyzing the
principles of “surcharge” in the probate context. We also note that Chapter
744 governing guardianship proceedings has similar provisions for review
of fees as found in section 733.6175....
...4th DCA 1992) (“It
follows without the necessity of citation of authority that the personal
representative is subject to surcharge for any improper or excessive
payments [of fees].”).
The case which most strongly equates a petition for review of fees
pursuant to section
733.6175 with a surcharge is Beck v. Beck,
383 So.
2d 268 (Fla. 3d DCA 1980). In Beck, the Third District said that “[the
appellee]’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.” Id....
...e guardian”).3
3In In re Estate of Winston, we said that because a personal representative could
be subject to surcharge for the payment of excessive fees, a personal
representative has the right to file a petition for review of fees pursuant to section
733.6175, Florida Statutes, but we did not equate a petition for review of fees
with a petition for surcharge for the obvious reason that it was the fiduciary who
brought the review proceeding....
...excessive fees) is tantamount to a judgment for damages, requiring
personal service on the fiduciary as an individual, and not in any
representative capacity.4
We thus reject appellees’ contention that their petition for review of fees
pursuant to sections
733.6175 or
736.0206 seeking an immediate refund
4Even if the order or judgment is construed to be a sanction, the result would be
the same....
...Rules.5 We hold that, absent a written waiver, formal notice served on the
respondent individually, and not in a representative capacity, is required
for a proceeding to surcharge a personal representative, as well as for a
petition filed in a probate case pursuant to sections
733.6175 or
736.0206
seeking to require the fiduciary to return to the estate the overpayment of
compensation paid to the fiduciary or agent....
...Kozinski’s motion to dismiss is reversed without prejudice.
Reversed and remanded.
LEVINE and KLINGENSMITH, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
5 Neither section
733.6175 nor section
736.0206 prescribes a time period as to
when the refund is to be paid....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 1772707, 2014 Fla. App. LEXIS 6472
...The court ruled: “While [appellant] may have the right to pursue a claim for disgorgement of excessive fees allegedly charged by [appellee], it is more appropriate that such claim be made in the estate proceedings, which currently remain pending.” Section 733.6175(2), Florida Statutes, provides that “[c]ourt proceedings to determine the reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administrative proceedings .......
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 12834
who may bear the impact of such payment. See §
733.6175, Fla.Stat. (1991); see also Sheffield v. Dallas
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 3185, 2015 WL 968723
...Faulkner was required to interplead himself, as personal representative, into the action. Thereafter, Mr. Faulkner filed his amended petition for review of compensation of the Estate employees as both “an interested person” and as personal representative of the Estate. 2 He cited section 733.6175, Florida Statutes (2010), and Florida Probate Rule 5.355 as authority for the probate court to review the reasonableness of the fees. In moving to dismiss the amended petition, Appellees argued, and the probate court agreed, that section 733.6175 required Mr. Faulkner to interplead himself, as the personal representative, as a respondent to his petition. Section 733.6175 provides as follows: (1) The court may review the propriety of the employment of any person employed by the personal representative and the reasonableness of any compensation paid to that person or to the personal representative....
...Faulkner, as personal representative, and the attorneys. Therefore, they argue that Mr. Faulkner was required to interplead himself as a respondent in the action, which would make him both the petitioner and the respondent. We disagree that the statute requires this result. 3 II. ANALYSIS OF SECTION 733.6175 Section 733.6175 provides a circuit court with the authority to determine the reasonableness of compensation paid to a personal representative or any person employed by the personal • representative....
...To the extent that any ambiguity may exist regarding who bears the burden of proof when there is a challenge to the reasonableness of the attorney’s fees charged to an estate, an examination of the statute’s legislative history is helpful. See W. Fla. Reg’l Med. Ctr., Inc. v. See,
79 So.3d 1, 9 (Fla.2012). Section
733.6175 was amended effective January 1, 2001....
...ting that a suit for unjust enrichment or a proceeding before The Florida Bar may be the appropriate mechanism to review the fees. The court was incorrect. As the First District noted in Bookman v. Davidson,
136 So.3d 1276, 1280 (Fla. 1st DCA 2014), Section
733.6175(2), Florida Statutes, provides that “[c]ourt proceedings to determine the reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administrative proceedings....
...Salem Law absorbs this charge, it is not an extra cost to you. Salem Law will draft their own engagement letter and bill separately for their time.” . Mr. Faulker is one of several beneficiaries of the Estate. . Our review of the interpretation of section 733.6175 is performed de novo....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...Notice of administration; filing of objections. §
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....
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....
...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....
...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....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice. §
733.106, Fla. Stat. Costs and attorney’s fees. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.6175, Fla....
...Notice of administration; filing of objections. §
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....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Committee *505 notes expanded. Citation form changes in committee notes. Statutory References F.S.
731.301 Notice; method and time; proof. F.S.
733.106 Costs and attorney fees. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.6175 Proceedings for review of _ employment of agents and compensation of personal representatives and employees of estate....
...F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.502 Resignation of personal representative. F.S.
733.613 Personal representative’s right to sell real property. F.S.
733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
...It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It *538 is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. Statutory Reference F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
...Objections to the petition for discharge or final accounting were formerly under prior FPR 5.400. Clarifies procedure for objections. 1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Committee notes expanded. Citation form changes in committee notes. Statutory References F.S.
731.301 Notice; method and time; proof. *1269 F.S.
733.106 Costs and attorney fees. F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
...F.S.
733.212 Notice of administration; filing of objections and claims. F.S.
733.2123 Adjudication before issuance of letters. F.S.
733.502 Resignation of personal representative. F.S.
733.613 Personal representative’s right to sell real property. F.S.
733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
...It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It *1310 is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
...Objections to the petition for discharge or final accounting were formerly under prior FPR 5.400. Clarifies procedure for objections. *1318 1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...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....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 7352, 1990 WL 140303
...and to her attorney. Those fees had been paid without court approval at the time. In approving those prior payments the trial court erred in its apparent reliance upon a purported “presumption of correctness” of the amounts of the payments. See § 733.6175, Fla.Stat....
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 | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...nd releasing the surety on any bond. Committee Notes Rule History 1984 Revision: New rule. Objections to the petition for discharge or final aceount-ing were formerly under prior rule 5.400. Clarifies procedure for objections. Statutory References F.S. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
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....
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 | Supreme Court of Florida
...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....
CopyPublished | Supreme Court of Florida
...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....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2403, 1986 Fla. App. LEXIS 10573
...st 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 4th District Court of Appeal | 2015 Fla. App. LEXIS 6733
...At the hearing, the personal representative, through counsel, argued that
the court lacked jurisdiction over counsel because counsel was not a party.
The personal representative and his counsel then presented evidence in
an attempt to support the compensation which they received. See §
733.6175(3), Fla....
...the Florida probate code gives a court the authority to review the propriety
of any compensation paid to a personal representative’s employee and, if
that employee has received excessive compensation, to order that
employee to make appropriate refunds. See § 733.6175(1), Fla. Stat.
(2010) (“The court may review the propriety of the employment of any
person employed by the personal representative and the reasonableness
of any compensation paid to that person or to the personal
representative.”); § 733.6175(3), Fla....
...We recognize that the Florida
probate code gives a court the authority to review the propriety of any
3
compensation paid to a personal representative’s employee and, if that
employee has received excessive compensation, to order that employee to
make appropriate refunds. See §§ 733.6175(1) & (3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...relating to the settlement of the estates of decedents, including
proceedings to determine a probate lawyer’s compensation, we conclude
that the county court did not have subject matter jurisdiction to determine
this fee dispute. §
26.012(2)(b), Fla. Stat. (2023); §
733.6175, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 4302, 2005 WL 711761
...Fla. Prob. R. 5.040(a)(3). Therefore, the trial court erred by denying reimbursement for the registered mail costs. The final error Baumann asserts is the trial court’s failure to order payment of expert witness fees from the assets of the estate. Section 733.6175(4) mandates that if expert testimony is offered in a fee hearing, “a reasonable expert witness fee shall be awarded by the court and paid from the assets of the estate.” (Emphasis added.) Again, this is not a discretionary matter....
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....
...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....
...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....
...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 | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 7286, 2009 WL 1606034
...We disagree that only a showing of bad faith permits an individual assessment of fees. Engaging in essentially frivolous litigation would justify a court in assessing fees against the personal representative. Butzel Long, as attorney for the personal representative, claimed fees pursuant to sections
733.6171 and
733.6175, Florida Statutes. See Bitterman v. Bitterman,
685 So.2d 861 (Fla. 4th DCA 1996), rev'd in part on other grounds,
714 So.2d 356 (Fla.1998). Pursuant to section
733.6175(2), Florida Statutes: Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the...
...rom a will contest proportionally against the specific beneficiaries as well as the residuary estate. We noted that section
733.106(4), Florida Statutes, permits the court to direct from what part of an estate a fee assessment shall be paid (just as section
733.6175(2) does)....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 10469, 2005 WL 1553963
...See In re Estate of Duval,
174 So.2d 580 (Fla. 2d DCA 1965); Bitterman v. Bitterman,
685 So.2d 861 (Fla. 4th DCA 1996), reversed on other grounds,
714 So.2d 356 (Fla.1998). Foreman also claims that the trial court erred in failing to award him reasonable expert witness fees pursuant to section
733.6175(4), Florida Statutes (2003), which makes such an award mandatory if expert testimony is offered....
...ords regarding Foreman’s attempt to collect the funds due him under the stipulation. We agree that Foreman is entitled to reasonable compensation for costs incurred in securing and preparing this witness for her testimony in this re *279 gard. See 733.6175(4)....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10452, 2010 WL 2790931
...ould not have foreclosed a later challenge at the time of the final accounting because an interim award is not a final determination that the fees allowed were reasonable. See In re Estate of Cordiner,
497 So.2d 920, 921 (Fla. 2d DCA 1986); see also §
733.6175, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.301, Fla. Stat. Notice. §
733.106, Fla. Stat. Costs and attorneys fees. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.6175, Fla....
...Notice of administration; filing of objections. §
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.502, Fla. Stat. Resignation of personal representative. §
733.613, Fla. Stat. Personal representatives right to sell real property. §
733.6175, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...2005 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References §
731.301, Fla. Stat. Notice. §
733.106, Fla. Stat. Costs and attorney’s fees. §
733.212, Fla. Stat. Notice of administration; filing of objections. §
733.6175, Fla....
...Notice of administration; filing of objections. §
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....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 19031, 2002 WL 31828445
...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 p...
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 4082864, 2014 Fla. App. LEXIS 12812
...iring return of specific funds without holding an evidentiary hearing. Accordingly, we reverse and remand the case back to the trial court to hold an evidentia-ry hearing. See In re Estate of Winston,
610 So.2d 1323, 1325 (Fla. 4th DCA 1992) (citing §
733.6175, Fla....
CopyPublished | Florida 4th District Court of Appeal
...entered its order requiring return of specific funds without holding an
evidentiary hearing. Accordingly, we reverse and remand the case back to
the trial court to hold an evidentiary hearing. See In re Estate of Winston,
610 So. 2d 1323, 1325 (Fla. 4th DCA 1992) (citing §
733.6175, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 5732, 2001 WL 427353
...ushway. We first turn to J & S’s defense that the four year statute of limitations prescribed in section
95.11(3)(f), Florida Statutes (1996) bars any recovery by PR Onofrio. The basis of the PR Onofrio’s request for recovery of the fees was section
733.6175, Florida Statutes (1996)....
...was received was removed as personal representative because the will nominating him was set aside for undue influence. PR Onofrio argues that the estate received no benefit from J & S’s representation, and therefore, fees are refundable under section 733.6175....
...ion to protect himself from being victimized by the wrongdoer-proponent, the attorney should bear the loss if the wrongdoer does not pay. Id. at 1340 (internal citations omitted). In Beck v. Beck,
383 So.2d 268 (Fla. 3d DCA 1980), a beneficiary used section
733.6175 to challenge attorney’s fees paid out of the estate....
...e amounts. In a footnote, the opinion noted: 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. Id. at 271 n. 6. (citing Fla. Stat. § 733.6175 (1977))....
...We vacate the order finding that J & S may retain all of the fees paid to it by Laushway and remand to the trial court to determine the portion of J & S services that resulted in a benefit to the estate. ORDER VACATED; REMANDED. COBB and PALMER, JJ., concur. . Section 733.6175, which reads the same today as it did in 1996, states: 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate....
