Legal Question in Wills and Trusts in Florida

Attorney Fees

When my aunts estate ran dry of liquid assets (it was part of a will contest), the executrix took it upon herself to hire an attorney to represent her as an individual on a contingency basis for 40% of her net proceeds (she was one of 3 beneficiaries). Her attorney, upon seeing the amount of work required, then approached the two other beneficiaries of the will to strike similar contingency agreements. The two others refused to enter into an agreement with him.(for lack of faith in his abilities). Much to his chagrin, he continued on with the case even though he had threatened to drop the case if the other two did not sign on. Now the case has been settled and the attorney wants to take a 40% cut of the total net not just the executrixes portion because he's claiming that he was representing all of us. This was not at anytime discussed nor agreed to. And I have a lettI'm wondering what my rights are and how I go about protecting myself in this matter. The case ended up netting far less than originally expected due to the contest and as a result were the attorney to source his fee from the executrix alone, he would reap far less than I think he originally expected. If it matters, the two other beneficiaries are out of state


Asked on 6/03/08, 12:51 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Attorney Fees

From what you said, it appears that he was only representing an individual, not the estate. He can only be paid from his client, even if his work also benefitted others. Be sure that he was retained to represent the Executrix individually, and not in her capacity as Executrix. Ask to see a copy of his retainer agreement. While the Executrix could hire an attorney to represent the estate in its entirety, be sure this was not done. Also, if there was litigation that was settled, did the settlement agreement say anything about legal fees? Get a copy of this also. In the worst case, you have have an ethics complaint against the attorney that you could consider filing with the Bar Association.

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Answered on 6/03/08, 1:26 pm


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