IN RE ESTATE OF MICHAEL RYECHECK, DECEASED. W. J. CALLAHAN, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF MICHAEL RYECHECK, DECEASED, AND EDWARD C. VINING, JR., APPELLANTS,
v.
ESTATE OF LEONA MIGON, APPELLEE
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An executor and estate attorney challenged awards of $17,000 and $30,000 respectively for their services in administering a $477,000 estate, arguing the amounts were inadequate. The Florida appellate court affirmed the lower court's awards, holding that expert testimony regarding fees is advisory but not binding on the probate court, which has broad discretion to determine reasonable compensation.
The probate court did not err in awarding the fees. Expert witness testimony regarding the value of professional services is advisory to the court but is neither conclusive nor binding, and the court has discretion to award fees that differ from amounts supported by expert testimony.
[1] Expert testimony regarding attorney's fees is advisory and not binding on the court.
[2] A probate court's order awarding attorney's fees is presumed correct and will only be reversed upon a clear showing that it is contrary to the manifest weight of the evid…
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Join FLexlaw to unlock all legal intelligence“The testimony of expert witnesses is to aid and assist in the determination of the amount of fees recoverable, but such testimony is neither conclusive nor binding on the court.”
Establishes that expert testimony on professional fees is advisory only and does not bind the probate court's discretion.
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Join FLexlaw to unlock all legal intelligenceMichael Ryecheck died in 1974 leaving an estate valued in excess of $477,000. W.J. Callahan was appointed executor and Edward C. Vining, Jr. served as…
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PER CURIAM.
W. J. Callahan as executor of and Edward C. Vining, Jr., as attorney for the estate of Michael Ryecheck challenge respective awards of $17,000 and $30,000 for their services as inadequate.
In 1974 Michael Ryecheck died and left an estate valued in excess of $477,000. Appellant Callahan was appointed executor and appellant Vining attorney for the estate. With the exception of a brief will contest which was settled on the initiative of the contestant’s attorney, the administration of the estate proceeded smoothly. Thereafter, Vining petitioned for attorney’s fees of $45,000 (450 hours at $100 per hour) and Callahan for ordinary and extraordinary services of $27,500. The petitions were opposed by the attorney for the residuary legatee. At the hearing on these petitions, Vining testified that the 450 hours was an educated guess. Two lawyers testified that Vining’s services were worth between $45,000 and $50,000. The chancellor entered his order awarding Vining $30,000 and Callahan $17,000.
Appellants argue that where there were neither objections nor opposing testimony, the court erred in awarding the above fees in disregard of the uncontro-verted evidence. We cannot agree.
The testimony of expert witnesses is to aid and assist in the determination of the amount of fees recoverable, but such testimony is neither conclusive nor binding on the court. Folmar v. Davis, Fla.App.1959, 108 So. 2d 772. The court was not compelled to make an award within the range set by the expert testimony.
An order of a probate court rendered in the exercise of its lawful discretion is clothed with a presumption of correctness and will be disturbed on appeal only upon a clear showing by the appellant that it is contrary to the manifest weight of the evidence. In re Estate of Hobein, Fla.App. 1970, 238 So. 2d 497. We conclude appel lants have failed to make error clearly appear as we find the fees awarded were not unreasonable when the estate at the time of distribution had a value of approximately $300,000 and the administration proceeded fairly smoothly. Cf. In re Dean’s Estate, Fla.App. 1962, 144 So. 2d 65.
The awards herein appealed are affirmed.
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In re Est. OF Stanton Griffis, 399 So. 2d 1048 (Fla. 4th DCA 1981)…which set the fees. We initiate the discussion by holding that the amount of attorneys’ fees set by the trial court is a matter of discretion and the exercise thereof will not be disturbed absent a clear showing of abuse. In re Estate of Ryecheck, 323 So. 2d 51 (Fla.3d DCA 1975). See Division of Administration v. Denmark, 354 So. 2d 100 (Fla.4th DCA 1978); Price v. Price, 389 So. 2d 666, 669 (Fla.3d DCA 1980); Pfohl v. Pfohl, 345 So. 2d 371, 379 (Fla.3d DCA 1977); Division of Administration v. Condominium…
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In re The Est. OF Morris Simon v. Palmer, 402 So. 2d 26 (Fla. 3d DCA 1981)…wsuit involved novel questions); Estate of McCune, 223 So. 2d 787 (Fla. 4th DCA 1969). Though the trial judge correctly determined that he was not bound by the testimony of the expert witness as to the amount of reasonable fees, Estate of Ryecheck, 323 So. 2d 51 (Fla. 3d DCA 1975), we hold that the court abused its discretion in awarding $25,000.00 fees to Palmer where the estate consisted solely of cash, there was no complex litigation, the estate was admittedly not complicated and the discrepancy between…
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Etta B. Sheffield v. Dallas, 417 So. 2d 796 (Fla. 5th DCA 1982)…obate court has exercised its discretion in setting a reasonable compensation, that decision will be disturbed on appeal only upon a clear showing by the appellant that it is contrary to the manifest weight of the evidence. In Re Estate of Ryecheck, 323 So. 2d 51 (Fla. 3d DCA 1975). No such showing has been made by this appeal. AFFIRMED. DAUKSCH and SHARP, JJ., concur. . Section 733.617, Florida Statutes (1981), provides as follows: Compensation of personal representatives and professionals.— (1)Persona…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Folmar v. Davis, 108 So. 2d 772 (Fla. 3d DCA 1959)
- In re Est. of Thomas Hobein, 238 So. 2d 497 (Fla. 1st DCA 1970)
- In re Est. of Nathaniel W. Dean v. White, 144 So. 2d 65 (Fla. 2d DCA 1962)