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

Do I have to File A Claim

By: David M. Garten, Esq.

ARTICLE:  DO I HAVE TO FILE A CLAIM?

The purpose of this article is to provide concrete examples of when it is necessary to file a claim

against an estate, and to clarify the “trust” exception to the claims statute.  

I.  "CLAIM" DEFINED:

Sec. 733.702, Fla. Stat. defines a "claim" as a demand against the decedent's estate that arose before

the death of the decedent, even if the claims are unmatured, contingent, or unliquidated.  Therefore,

if the demand or expense was incurred by your client post-death, it may not be necessary to file a

claim.