IN RE ESTATE OF GWYNETH LEWIS CORDINER. JEAN CORDINER DOUGHERTY, APPELLANT,
v.
THOMAS P. EVANS, ADMINISTRATOR AD LITEM OF THE ESTATE OF GWYNETH LEWIS CORDINER, APPELLEE
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A beneficiary of an estate appeals an order awarding partial administrator ad litem attorney's fees without expert witness testimony. The court affirms, holding that expert testimony is not required for partial fee awards during estate administration, only for final awards.
Expert testimony is not required for partial awards of professional fees during estate administration. Expert testimony is only required before a final award of professional fees may be made. A partial award may be adjusted at the final hearing if it is determined to be excessive or deficient.
[1] An award of partial attorney's fees in an estate administration does not require expert testimony at the time of the partial award.
[2] Expert testimony regarding the reasonableness of attorney's fees is generally required for a final award of fees in an estate administration.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We realize that expert testimony is required before a final award of professional fees may be made.”
Establishes the rule that expert testimony is necessary for final fee awards, distinguishing it from partial awards.
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Join FLexlaw to unlock all legal intelligenceAppellee filed a verified petition requesting partial attorney's fees for services rendered to the estate over a two-year period, claiming 3000 hours …
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HALL, Judge.
Appellant, a beneficiary of the estate of Gwyneth Lewis Cordiner, appeals an order awarding appellee partial administrator ad litem and attorney’s fees. Appellant contends that appellee failed to present evidence through expert witnesses as to the reasonable value of the services of the attorneys and that any award of partial fees is therefore erroneous. We disagree.
Appellee filed a verified petition requesting an award of partial attorney’s fees. The petition stated that appellee had expended 3000 hours on the case during the previous two years and explained in relative detail the services appellee had performed on behalf of the estate during that time. At the hearing on the petition, appel-lee stated that expert witnesses would be called at the final hearing on attorney’s fees to testify to the reasonableness of the fees sought during the administration of the estate.
We realize that expert testimony is required before a final award of professional fees may be made. Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975); Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964). But to require expert testimony before a partial award of fees may be made would have the effect of unnecessarily taxing estates with the costs of services of expert witnesses at each hearing on partial fees. It is at the conclusion of the administration of an estate that an expert witness, through consideration of the factors set forth in section 733.617, Florida Statutes, can render the most accurate opinion of the reasonable value of a professional’s services. Furthermore, if at the final hearing on fees it is determined that the partial award was either excessive or deficient, the final award may be adjusted accordingly. See also section 733.6175, Florida Statutes (1985) (person determined to have received compensation for services rendered an estate may be ordered to make appropriate refunds).
We find that the evidence presented by appellee at the hearing on the petition for partial award of fees was sufficient to support the trial court’s award of partial fees, particularly in light of the fact that the award was based on an hourly rate of $42. Accordingly, the order granting appellee the award of fees is affirmed.
LEHAN, A.C.J., and SANDERLIN, J., concur.
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Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla. 1987)…roceedings, particularly if substantial travel is involved. Yet, it is well settled that the testimony of an expert witness concerning a reasonable [*353] attorney’s fee is necessary to support the establishment of the fee. In Re Estate of Cordiner, 497 So. 2d 920 (Fla.2d DCA 1986); Mullane v. Lorenz, 372 So. 2d 168 (Fla. 4th DCA 1979); Lyle v. Lyle, 167 So. 2d 256 (Fla.2d DCA), cert. denied, 172 So. 2d 601 (Fla.1964). For much the same reason that we distinguish worker’s compensation proceedings from other…
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In re The Guardianship OF Peter Thomas Scinlari v. Fla. Nat'l Bank, 580 So. 2d 343 (Fla. 2d DCA 1991)…part. We find no error in the rulings of the trial court as to the final accounting and expert witness cost, and, therefore, affirm the rulings of the trial court therein. Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980); In re Estate of Cordiner, 497 So. 2d 920 (Fla. 2d DCA 1986). Inasmuch as the trial court did not have the benefit of the supreme court’s decision in In re Estate of Platt, 16 F.L.W. S237 (Fla. April 4, 1991), the orders relative to the attorney’s fees and guardianship fees entered herein…
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Authorities Cited
- Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964)
- Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975)