Do all Florida attorneys charge a fee for probate administration based on probate assets or do some firms charge a set $ fee.

Asked about 1 year ago - New Port Richey, FL

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Relatives live in New Port Richey. Trying to understand the need for a living trust to avoid probate costs.

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  1. Pro

    Contributor Level 20

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    Answered April 24, 2012 17:28. I often set a flat fee.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Pro

    Contributor Level 12

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    Answered April 24, 2012 19:10. Every attorney handles probate fees differently. If you believe a fee is too high you should consult with at least one other attorney for comparative purposes. Many clients prefer a flat fee so they know what it will costs before they begin the process.

    This answer has been prepared for informational purposes only and does not constitute legal advice. The... more
  3. Contributor Level 8

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    Answered April 25, 2012 11:14. Every attorney's fees will differ. Fla. Stat. 733.6171 provides that attorneys who represent the personal representative are entitled to reasonable fees payable from the estate assets (note that homestead is NOT an estate asset).

    The statute then goes on to define presumptively reasonable fees and also that compensation may be determined in a manner different than provided in the statute. If you use a different manner to determine fees, then those fees should be disclosed to the parties who will eventually bear the impact for those fees. If you do not like the fees that an attorney charges, you should call other attorneys to see how they set their fees.

    My practice is limited to the state of Florida. My answer to your question does not establish an attorney-client... more

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