Tillman v. Smith

Summary

The Florida Fifth District Court of Appeal held that attorney's fees incurred by an estate beneficiary for legal services benefiting the estate are Class 7 claims under section 733.707, Florida Statutes (1987), rather than Class 1 administrative expenses. The court reasoned that the statute expressly lists personal representatives' attorney's fees in Class 1, implying that other attorney's fees are excluded. The judgment was reversed.

Holdings

1. Attorney's fees incurred by an estate beneficiary for legal services benefiting the estate are Class 7 claims under section 733.707, Florida Statutes (1987), rather than Class 1 costs and expenses of administration.

Questions Presented

1. Whether attorney's fees incurred by an estate beneficiary for legal services benefiting the estate qualify as Class 1 costs and expenses of administration under section 733.707(1)(a), Florida Statutes (1987), or instead constitute Class 7 claims under section 733.707(1)(g).

Disposition

reversed