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

CAN A PERSONAL REPRESENTATIVE TAKE POSSESSION OF PROTECTED HOMESTEAD PROPERTY

By: David M. Garten, Esq

CAN A PERSONAL REPRESENTATIVE TAKE POSSESSION OF PROTECTED                                                                     
HOMESTEAD PROPERTY?

Effective January 1, 2002, if  homestead  property is not occupied by a person who appears to have an interest in the property, the personal representative is authorized, but not required, to take possession of that property for the limited purpose of preserving, insuring, and protecting it for the person having an interest in the property, pending a determination of its homestead status.