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Florida Probate Blog

Posts Tagged: personal representative’s fees

Personal Representative’s and Attorney’s Fees in Probate

Written by on Jun 16, 2009| Posted in: General

Attorneys who represent the personal representative or otherwise provide services to the probate estate are generally entitled to fees as allowed under the Florida Probate Code. Fla.Stat. ยง733.6171. In order to be entitled to fees, however, the attorney, or anyone else (like an accountant) seeking fees from the estate must show that the services provided were beneficial to the estate. What constitutes a “benefit” to an estate is often subject to debate, but most will agree that an attorney benefits an estate by bringing about an enhancement in value or an increase in the assets of the estate or by aiding in establishing the intent of the decedent and the proper division of the estate generally. A good discussion of what benefits an estate can be found in Segal v. Levine, 489 So.2d 868 (Fla.3d DCA 1986).

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