Florida Probate Law Permits Legal Fees That Are Beneficial To The Estate

The State of Florida’s probate laws permit attorney fees when they are deemed “necessary and beneficial to the Estate and/or Trust.”  What happens if an attorneys legal services in probate matters causes harm to the estate?  In Acker v. Acker a Florida appellate court reversed and remanded a decision by a trial court to limit an attorney’s fees without providing a basis for the determination.  The Court held that there was an “internal inconsistency” with the trial courts judgment.  Florida trial courts should provide grounds for judgments that are “internally consistent and logical.”

See Brian Spiro, Legal Fees Awarded In Florida Probate Must Help, Not Harm, Estate, Clark Skatoff PA, June 4, 2015.