THOMAS WILSON
v.
IN RE: ESTATE OF PETER LOFTIN

Fla. 3d DCA | 2024-09-18
No. 3D2023-0179
2024 FL 11327 Florida District Court of Appeal, Third District (2024) Positive Treatment

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Synopsis

Thomas Wilson, as co-trustee of a revocable trust that is the residuary beneficiary of an estate, appealed orders denying his standing to object to attorney's fees sought by counsel for another interested party. The court reversed, finding Wilson had standing as an interested person under Florida Probate Code and remanded for reconsideration limited to the reasonableness of the fees.


Holding

Wilson has standing to object to the petition as an "interested person" under Florida Probate Code § 731.201(23), which defines interested persons to include trustees of trusts in proceedings affecting the expenses of estate administration. However, because the parties entered into an agreement regarding entitlement to fees, Wilson's objection is limited to challenging the reasonableness of the fees sought, not the entitlement to fees itself.


Headnotes

[1] A co-trustee of a revocable trust that is the residuary beneficiary of an estate has standing to object to a petition for payment of administrative expenses.

[2] An "interested person" under the Probate Code includes any person who may reasonably be expected to be affected by the outcome of a proceeding and a trustee in any procee…

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Key Quotes

“Section 733.6171(5) of the Probate Code, which governs the compensation of attorneys for the personal representative, confers standing to object to a fee request upon an 'interested person'”

Establishes the legal standard for standing to object to attorney's fee petitions in estate proceedings

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Facts & Procedural History

Thomas Wilson is a co-trustee of a revocable trust that serves as the residuary beneficiary of the estate of Peter Loftin. Jorian Loftin's counsel fil…

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Opinion of the Court

Damian | Valori | Culmo, and Russell Landy and Christopher Perse, for appellee Jorian Loftin. Before FERNANDEZ, LINDSEY and LOBREE, JJ. PER CURIAM.

Thomas Wilson appeals two orders granting Jorian Loftin’s (“Jorian”) counsel’s petition for payment of Class 1 Administrative Expenses, which found Wilson lacked standing to object to the petition. We reverse, finding Wilson had standing to object to the petition as co-trustee of a revocable trust that is the residuary beneficiary of the estate. “Section 733.6171(5) of the Probate Code, which governs the compensation of attorneys for the personal representative, confers standing to object to a fee request upon an ‘interested person’ . . . .” Duff-Esformes v. Mukamal, 332 So. 3d 17, 19 (Fla. 3d DCA 2021) (citing § 733.6171(5), Fla. Stat. (2021)). An “interested person” is defined as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved” and as the trustee of a trust in any proceeding affecting the expenses of the administration of a decedent’s estate. § 731.201(23), Fla. Stat. (2022). We conclude, based on the plain language of statues, that Wilson had standing as co-trustee to object to the petition for attorney’s fees and costs filed by Jorian’s counsel. However, we find Wilson’s objection is limited to the reasonableness of the fees sought, as the parties entered into an agreement that provides that all parties agreed to the entitlement of fees. See Harley v. Lopez, 784 So. 2d 447, 448 (Fla. 3d DCA 1999) (stating that where appellant had agreed in writing other party was entitled to attorney’s fees, question before trial court “was not whether such fees and costs would be awarded, but only what amount would constitute ‘reasonable’ costs and fees”). Reversed and remanded.


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