Fourth DCA Case: Simmons v. Estate of Baranowitz,, 40 Fla. L. Weekly D1072a

Has the personal representative or their counsel in a Palm Beach   will administration taken excessive fees? Do you want to get those fees back? You may want to see what the Fourth District Court of Appeal had to say about the matter.

Personal Representatives

• When a person dies in West Palm Beach a personal representative is appointed by the will or probate court.
• A personal representative will usually be appointed an attorney.
• Under Florida’s probate code the personal representative and his or her attorney is entitled to a reasonable fee for their time and expense.
• What is a reasonable compensation?
• What determines what is reasonable?
• The amount of time dedicated to the project?
• How much the person makes in their day job?
• More importantly what can you do when the fees are excessively high?
• Palm Beach probate litigators know that excessive fees can be difficult to prove but that it can be done.
• Can you get your relative’s estate a refund?
• You may want to consider motioning for a disgorgement of the fees.
• Do you know how to file a motion in Palm Beach probate court?

Simmons v. Estate of Baranowitz

• The Fourth District Court of Appeal hears appeals in and for West Palm Beach.
• A newly appointed personal representative for an estate motioned the court to disgorge the fees of the estate’s counsel.
• The court granted the motion finding the fees were excessive and ordering that the counsel disgorge (return) them.
• How do you think a court should determine what is considered excessive?
• Palm Beach probate litigators know that when a counsel takes advantage and imposes an excessive fee it may be difficult to prove in court when fee arrangements are usually backed up in writing.
• Is your fee arrangement set out in writing?
• Do you understand what the agreement means and what you are responsible for paying?

Want to learn more? Check out the entire case by clicking here.