Cushing v. Estate of Reynolds
Cushing v. Estate of Reynolds
Opinion of the Court
These consolidated appeals are from orders of the probate court which (1) denied the proponents’
The conclusion of the trial judge that the decedent lacked the required testamentary capacity, being supported by sufficient competent and substantial evidence, cannot be disturbed on appeal. See In re Estate of Weihe, 275 So.2d 244 (Fla. 1973). That conclusion, however, does not at all suggest that the proponents of the will were not in good faith justified in offering it for probate, and, indeed, the trial court made no such finding. Thus, under the plain language of Section 733.106(2), Florida Statutes (1985),
But the good faith of the proponents in offering the will for probate is of no help to Bedzow and Korn, P.A., the former attorneys for the personal representative. Since their petition for fees was filed by them and not the proponents, and is thus within subsection (3) of Section 733.-106,
Affirmed in part; reversed in part.
. At the outset, the petitioner was Carol Ann Clifford, the personal representative named in the will and the mother of Lisa and Douglas Cushing, the beneficiaries named in the will. As the proceedings progressed, the Cushings, with the apparent consent of all concerned, became the proponents.
. The cited statute provides in pertinent part:
“(2) A person nominated as personal representative of the last known will, or any proponent of the will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive his costs and attorney fees out of the estate even though he is unsuccessful.”
.This subsection provides:
"(3) Any attorney who has rendered services to an estate may apply for an order awarding attorney fees, and after informal notice to the personal representative and all persons bearing the impact of the payment the court shall enter its order on the petition."
. We recognize that if the petition for fees owed or paid by the personal representative to Bed-zow and Korn, P.A. had been filed on behalf of the personal representative, the result would be different. The record contains no explanation why these attorneys filed their own petition.
Reference
- Full Case Name
- Lisa Ann CUSHING, Douglas Wayne Cushing, and Carol Ann Clifford, Appellants/Cross-Appellees v. The ESTATE OF Robert C. REYNOLDS, Appellee/Cross-Appellant BEDZOW AND KORN, P.A., former counsel for Carol Ann Clifford, the designated personal representative under the Last Will and Testament of the Decedent, Robert C. Reynolds v. The ESTATE OF Robert C. REYNOLDS
- Cited By
- 3 cases
- Status
- Published