IN RE ESTATE OF PHEDIME JOSEPH MORIN, DECEASED. MERRITT H. POWELL, APPELLANT,
v.
JAMES H. TUCKER, APPELLEE
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An attorney who filed a petition for estate administration on behalf of creditors sought attorney's fees for his services initiating probate proceedings. The court held that an attorney representing creditors is entitled to recover attorney's fees for initiating estate administration when the heirs have made no effort to commence probate proceedings.
The court answered in the affirmative, holding that the attorney rendered valuable services to the estate and is entitled to recover attorney's fees. Orderly probate of an estate protects not only the decedent's beneficiaries but equally protects those with valid claims against the estate.
“The sole question on this appeal is whether an attorney representing a group of creditors is entitled to attorney's fees for his services initiating the administration of an estate. We answer in the affirmative.”
Establishes the core legal issue and the court's holding in favor of awarding fees to creditors' attorney
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Join FLexlaw to unlock all legal intelligenceAttorney Tucker, representing California creditors, filed a petition for appointment of an administrator for Phedime Joseph Morin's estate on October …
The full statement of facts, procedural history, and disposition for this case are member content.
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The Administrator of the estate of Phedime Joseph Morin appeals an order of the County Judge awarding attorney’s fees. The sole question on this appeal is whether an attorney representing a group of creditors is entitled to attorney’s fees for his services initiating the administration of an estate. We answer in the affirmative.
Basic facts are: Attorney James H. Tucker, acting on behalf of a group of creditors in California, on October 12, 1966, filed a petition for appointment of Administrator of the estate of Phedime Joseph Morin who had departed this life on November 6, 1965, in San Francisco, California. Morin owned real property situated in Flagler County, Florida, at the time of his death. Citation was issued to a nephew who lived in California. The nephew notified decedent’s seven brothers and sisters, and they, in November 1966, approximately one year after decedent’s death, retained the services of an attorney who was eventually appointed Administrator. Appellee Tucker prepared and filed the petition for appointment of an Administrator; he caused the issuance of the citation which brought about the notification to decedent’s heirs, and performed other services which resulted in the orderly probate of the estate. Of particular importance is the unrebutted fact that one year transpired without any effort being made by the heirs of the decedent to institute probate proceedings. The orderly probation of an estate is not solely for the interests of decedent’s beneficiaries; it is equal*767ly for the protection of those who have valid claims against the estate. Under these facts, we hold that appellee rendered valuable services to the estate.
The order appealed is affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K., and RAWLS, JJ-, concur.