Relatives live in New Port Richey. Trying to understand the need for a living trust to avoid probate costs.
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 action is to have legal representation in this matter.
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 information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
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 relationship and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in my answer without seeking the appropriate legal advice. You should also be aware that your situation may have time-sensitive issues and you should act accordingly. As the law varies from one state to another, you should consult an attorney in your jurisdiction for legal advice on your situation.
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