A. Ruben Lopez, Beneficiary and Former Personal Representative of the Estate of Angel Lopez Maldonado v. Angel Raul Lopez Hernandez, Beneficiary and Administrator Ad Litem of the Estate of Angel Lopez Maldonado, Star Insurance Company, and Julius L. Williams, Esquire

Summary

The Florida Fifth District Court of Appeal held that under Florida Probate Code § 733.106, a probate court cannot impose personal liability on a beneficiary for an estate’s attorney’s fees, but may only direct payment from that beneficiary’s share of the estate. The court further ruled that an attorney who merely administers an estate without securing a positive recovery or judgment is not entitled to a charging lien. The trial court’s findings that the attorney engaged in frivolous litigation at the former personal representative’s direction and the reasonableness of the fee award were affirmed.

Holdings

1. The probate code does not allow for the personal imposition of attorney's fees on a beneficiary or personal representative; fees may only be directed out of the beneficiary's portion of the estate.
2. A charging lien was not appropriate because the personal representative received no fund or positive judgment or settlement out of his efforts; he merely administered the estate and produced no tangible return.

Questions Presented

1. Whether the probate court could impose personal liability on Ruben for the estate's attorney's fees and costs under section 733.106(4), Florida Statutes.
2. Whether attorney Julius Williams was entitled to a charging lien.

Disposition

affirmed in part and reversed in part