• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal run a round!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jenniferjrbr

Junior Member
What is the name of your state? Florida

My father recently passed away and my brother and I have been trying to retain a lawyer except everyone we talk to tells us a different story about FEES!!! Is there a law that states a percentage of the estate goes to the lawyer and if so what is the percentage? If not, how does it actually work and can they charge what every they want???

Confused!!!!:rolleyes:What is the name of your state? Florida
 


anteater

Senior Member
What is the name of your state? Florida

My father recently passed away and my brother and I have been trying to retain a lawyer except everyone we talk to tells us a different story about FEES!!! Is there a law that states a percentage of the estate goes to the lawyer and if so what is the percentage? If not, how does it actually work and can they charge what every they want???

Confused!!!!:rolleyes:What is the name of your state? Florida
The Forida Probate Code states that the attorney for the estate is entitled to reasonable compensation and defines what is considered reasonable as long as there are no out of the ordinary circumstances requiring greater effort on the part of the attorney.

However, the personal representative is free to make other compensation arrangements with the estate attorney. Therefore, I would use the guidelines below as an estimate and negotiate from there.


733.6171 Compensation of attorney for the personal representative.--

(1) Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.

(2) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.

(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:

(a) One thousand five hundred dollars for estates having a value of $40,000 or less.

(b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000.

(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.

(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.

(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.

(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.

(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million.

(h) At the rate of 1 percent for all above $10 million.
 

rustyjoe

Junior Member
My attorney told me that she could only charge $1750.00 by law. That was in FL last August. She further stated that $250.00 of that amonut :) was for filing fees.
 

anteater

Senior Member
My attorney told me that she could only charge $1750.00 by law. That was in FL last August. She further stated that $250.00 of that amonut :) was for filing fees.
The estate's value must have been $40,000 or less. The code would deem more than that as reasonable if the estate value were larger.

a) One thousand five hundred dollars for estates having a value of $40,000 or less.
 

rustyjoe

Junior Member
Gee, looks like another one of the things she did (has been very few things so far) wrong was actually in my favor. I read the Court Documents and it states a figure of over $100k. It must be a mistke on her part. I wonder if she will catch it? If so I am deducting mtg. payments I made before she got around to filing the probate. Actually she will owe me':D Sweet!
 

ladybg1

Member
Did you sign a fee contract with her? It may state the rest anyway. Also the fee is based on the gross value of the estate-before any bills are paid. You should be able to deduct any mtg payments you made for the estate, but that will come from the estate -not the attorney. There is a filing fee of $250- Went thru this with my dad 2yrs ago.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top