♠ Posted by Marc J. Soss in estate plan,florida probate attorney,florida probate lawyer,Last Will and Testament,Revocable Trust,Sarasota attorney,Sarasota Tax Lawyer at Friday, May 01, 2015
The Florida 2nd District Court of Appeals, in Faulkner v. Woodruff (Fla. Ct. App., 2nd Dist., No. 2D13-2165, March 6, 2015) recently held that a Florida Personal Representative may petition a probate court to review the reasonableness of attorneys' fees, and that the burden of proving attorneys' fees are reasonable is on the attorneys.
As personal representative of an estate, Gary Faulkner hired the Woodruff Law Firm to assist in administration. The estate was uncontested and consisted of $4,594.02 in personal property and a house that sold for $150,000. The attorneys charged $39,869.24 for work in the administrative proceeding. Mr. Faulkner filed a petition with the probate court to review the reasonableness of the attorneys' fees. The probate court dismissed the petition, holding that Mr. Faulkner was required to interplead himself because the burden of proving reasonableness of attorneys' fees was on him. Mr. Faulkner appealed.
The 2nd DCA reversed the Florida Probate Court and held that a Florida Personal Representative may petition the probate court to review the reasonableness of attorneys' fees. According to the court, as "the party seeking fees, [the attorneys] have the burden of proof to establish that their fees are reasonable."
