Estate Planning Services

• Simple Estate Planning (preparation and execution of Wills, Trusts, Powers of Attorney, Pre-need appointment of Guardian (for both minors and adults) and documents of joint ownership.
• Complex Estate Planning –  Estate, Gift and Generation Skipping Transfers (GST) Planning, Revocable Trusts, Charitable trusts, Special Needs Trusts, Irrevocable Trusts
• Probate Representation – complete legal representation for the probate of estates, including summary and formal administrations
• Trust Representation – legal representation of trustees and trust beneficiaries in the administration and distribution of trusts
• Power of Attorney (Durable, Limited, Springing)
• Health Care Advance Directive
• Living Will
• Living Trusts (revocable and non revocable)
• Marital or Partnership Agreement ( Prenuptial and Postnuptial Agreements)
• Estate Administrations
• Trust Administrations
• Will & Trust Contests and Disputes
• Estate planning consultation or review

FEES -

Personal Representative’s Compensation

The personal representative is entitled to receive compensation from the estate assets for his or her services. The Florida statutes provide that a certain commission will be assumed reasonable for ordinary services rendered to an estate by the personal representative. This commission is based on the value of the probate assets and any income those assets earn. The commission is calculated as follows:

1. at the rate of 3 percent for the first $1 million
2. at the rate of 2.5 percent for all above $1 million and not exceeding $5 million
3. at the rate of 2 percent for all above $5 million and not exceeding $10 million
4. at the rate of 1.5 percent for all above $10 million.

In addition to this commission, a personal representative may be allowed additional compensation for extraordinary services, including:

• the sale of real or personal property
• bringing suit for or against the estate
• adjusting or paying taxes
• carrying on the deceased’s business

The compensation for ordinary services (or for extraordinary services) may be increased or decreased by the court. To determine whether to do this for such services, the court must consider these factors:

• the promptness, efficiency and skill with which the administration was handled by the personal representative
• the responsibilities assumed and the potential liabilities of the personal representative
• whether the estate benefited or suffered from the personal representative’s services
• whether the administration of this service was complex or simple

Attorney Fees

Florida Law has established that $1,500 is the reasonable rate attorneys may charge for the most basic estates.  The attorney for the personal representative is also compensated from the estate assets for his or her services. Florida has a statute that allows for reasonable compensation for services provided to an estate by the personal representative’s attorney. This compensation for the attorney in a formal estate administration is based upon the value of the probate assets and all income earned. The compensation is computed as follows:

1. $1,500 for estates having a value of $40,000 or less
2. an additional $750 for estates having a value of more than $40,000 and not exceeding $70,000
3. an additional $750 for estates having a value of more than $70,000 and not exceeding $100,000
4. for estates having a value in excess of $100,000, at the rate of 3 percent on any amount above this up to $1,000,000
5. at the rate of 2.5 percent for all above $1 million and not exceeding $3 million
6. at the rate of 2 percent for all above $3 million and not exceeding $5 million
7. at the rate of 1.5 percent for all above $5 million and not exceeding $10 million
8. at the rate of 1 percent for all above $10 million

In addition to reasonable compensation for ordinary services, the attorney for the personal representative is allowed reasonable compensation for an extraordinary service, including

• the purchase or sale of real property by the personal representative
• involvement in a will contest
• will interpretation
• a proceeding for determination of beneficiaries
• a contested claim
• apportionment of estate taxes
• any litigation by or against the estate

The attorney is also entitled to compensation for preparation of the estate’s federal estate tax return. Once the gross estate is determined and the return is prepared by the attorney, a fee of one half of 1 percent of the value up to $10 million and one fourth of 1 percent of the value in excess of $10 million of the gross estate is considered reasonable compensation for attorney’s services.

The compensation for ordinary services or for extraordinary services may be increased or decreased by the court, in which case the court considers the same factors it does in deciding whether to adjust the amount of compensation for a personal representative.