IN RE ESTATE OF HARRY FREEDMAN, DECEASED
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PER CURIAM.
Evelyn Freedman appeals an order denying her petition for an attorney’s fee.
In an independent action brought in the civil division of the circuit court, Evelyn Freedman was successful in impressing a constructive trust on legacies bequeathed by her deceased father to her two half-sisters. Thereafter, Ms. Freedman filed in the probate division of the circuit court a petition praying that her father’s estate pay her a reasonable attorney’s fee as a result of her successful suit. The petition was denied.
In order to be entitled to a reasonable attorney’s fee, the estate must have been benefited by the services of counsel. In Re Gleason’s Estate, 74 So. 2d 360 (Fla.1954). In the case at bar the distribution was not changed, but rather a constructive trust was placed on the distributive shares of the legatees by means of a separate action in the civil division of the circuit court. We conclude that the estate was not enhanced thereby and the probate judge was eminently correct in denying Ms. Freedman an award of a reasonable attorney’s fee. See In Re Farris’ Estate, 113 So. 2d 721 (Fla.3d DCA 1959).
Affirmed.
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Samuels v. Est. OF Lucia S. Ahern, 436 So. 2d 1096 (Fla. 4th DCA 1983)…nhancement in value or an increase in the assets of the estate, but also includes services that are successful in simply effectuating the testamentary intention set forth in the will. In re Estate of Stanton Griffis, supra; In Re Estate of Freedman, 340 So. 2d 1275 (Fla. 3rd DCA 1977); In Re Barret’s Estate, 137 So. 2d 587 (Fla. 1st DCA 1962). Unlike most of the cases in which an attorney’s fee has been allowed to one other than the attorney representing the personal representative, in the present case the de…
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In re Est. OF Goldie Simon. Bernard Gastel v. Levin & Fishman, P.A., 549 So. 2d 210 (Fla. 3d DCA 1989)…on has been construed to permit the recovery of attorney’s fees when the estate has benefited by the services of counsel. In re Gleason’s Estate, 74 So. 2d 360 (Fla.1954); Segal v. Levine, 489 So. 2d 868 (Fla. 3d DCA 1986); In re Estate of Freedman, 340 So. 2d 1275 (Fla. 3d DCA 1977). Gastel contends that appellees are not entitled to attorney’s fees under section 733.106(3), Florida Statutes, because appel-lees’ actions tended to break down and [*213] dissipate the estate, rather than benefit it. According t…
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Raulerson v. Metzger, 375 So. 2d 576 (Fla. 5th DCA 1979)…error to so find. As a final point, appellants challenge the award of attorneys’ fees and costs. In support of the award of attorneys’ fees, the appellees urge that the instant case falls under the rule as stated in the case of Estate of Freedman, 340 So. 2d 1275 (Fla. 3d DCA 1977), which recognized that attorneys’ fees may be awarded where an estate has been benefitted by the services of counsel. This rule, though correctly stated, is clearly not applicable to the instant case, since the award of fees was e…
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- In re Gleason's Estate. Redfearn v. Brunstetter, 74 So. 2d 360 (Fla. 1954)
- In re Est. of William L. Farris v. Bond, 113 So. 2d 721 (Fla. 3d DCA 1959)