Attorney's Fees For Rendering Services To An Estate

By: David M. Garten, Esq.

ARTICLE: Attorney's Fees For Rendering Services To An Estate

Sec. 733.106(3) provides: “Any attorney who has rendered services to an estate may be

awarded reasonable compensation from the estate.”  This statute is not restricted to

services that bring about an enhancement in value or an increase in the assets of  the

estate, but  also includes services that are successful in  effectuating the testamentary

intention set forth in the will, that prevent the appointment of a personal representative, or

that obtain the removal of a personal representative.

I.  ATTORNEY’S FEES ALLOWED:

When is an attorney entitled to an award of attorney's fees pursuant to §733.106(3)?

ü In re Estate of Lewis, 442 So.2d 290 (Fla. 4th DCA 1983). In Lewis, a beneficiary

whose devise was being contested by the personal representative on the basis of undue

What is Active Procurement?

By: David M. Garten, Esq.

ARTICLE: “Active Procurement” Defined

This is the fourth and final article in a four part series pertaining to undue influence. There is a presumption of undue influence when the undue influencer: (1) occupies a confidential relationship with the decedent; (2) is a substantial beneficiary under the will; and (3) was active in procuring the will.

In In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court listed several criteria to be considered in determining active procurement. The seven “Carpenter factors” are: