How is the Personal Representative of a Will Compensated and Professional Fees Determined?

The personal representative, the attorney, and other professionals whose services may be required in administering the probate estate (such as appraisers and accountants), are entitled by law to reasonable compensation.

Attorney fees and compensation


The personal representative, the attorney, and other professionals whose services may be required in administering the probate estate are entitled by Florida law to reasonable compensation.

Estate expenses: The personal representative’s compensation is usually determined in one of five ways: (1) as set forth in the will; (2) as set forth in a contract between the personal representative and the decedent; (3) as agreed among the personal representative and the persons who will bear the impact of the personal representative’s compensation; (4) the amount presumed to be reasonable as calculated under Florida law, if the amount is not objected to by any of the beneficiaries; or (5) as determined by the judge.

The fee for the attorney for the personal representative is usually determined in one of three ways: (1) as agreed among the attorney, the personal representative, and the persons who bear the impact of the fee; (2) the amount presumed to be reasonable calculated under Florida law, if the amount is not objected to by any of the beneficiaries; or (3) as determined by the judge.

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

For help with a will, estate planning and personal representative related questions, you can contact BaskinFleece at 727.572.4545.

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Wills, Trusts, Estate, Probate and Guardianship: Good Communication is Paramount.

Video-Communication2

A short video on the topic of wills, trusts, estates, probate and guardianship.

Estate planning: The vast experience in dealing with and resolving these specific issues gives law firms a wealth of knowledge. Good communication between a client and their lawyer can keep costs and stress to a minimum – as wills, trusts, estate and guardianship issues can be very complex. Make sure an attorney or law firm that you engage to handle these matters is experienced and knowledgable in estate planning. A one minute video from Hamden Baskin provides a few tips on what to expect from law firms and attorneys practicing in wills, trust, guardianship and probate litigation and estate related areas of law.

Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.
For help or answers to wills and estate planning related questions, you can contact BaskinFleece at 727.572.4545.
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What are the rights of the decedent’s surviving family?

Will: The rights of a decedent's family.

Will: The rights of a decedent’s family.

The decedent’s surviving spouse and children may be entitled to receive probate assets from the decedent’s probate estate, even if the decedent’s will gives them nothing! Florida law protects the decedent’s surviving spouse and certain surviving children from total disinheritance.

For example, a surviving spouse may have rights in the decedent’s homestead real property. A surviving spouse may also have the right to come forward to claim an “elective share” from the decedent’s probate estate. The elective share is, generally speaking, 30% of all of the decedent’s assets, including any assets that are non-probate assets. A surviving spouse and/or the decedent’s children may also have the right to a family allowance to provide them with funds prior to final distribution of the estate assets, and rights in exempt property that will be paid to them instead of to creditors in satisfaction of claims against the probate estate. It is important to note that a spouse may waive his or her rights to an elective share, family allowance, and/or exempt property in a valid pre-marital or post-marital agreement.

In addition, if the decedent married, or had children, after the date of the decedent’s last will, and if the decedent neglected to provide for the new spouse or children, an omitted family member may nevertheless be entitled to a share of the decedent’s probate estate.

The existence and enforcement of these statutory rights requires knowledge about the applicable laws and procedures and is best handled by an estate attorney.

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.
For help or answers to wills, estates and the rights of the decedent’s surviving family, and estate related questions, you can contact BaskinFleece at 727.572.4545.
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