Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand the Engagement Letter Requirement
Under the Florida Rules of Professional Conduct Rule 4-1.5(b), an attorney must communicate the scope of representation to you in writing before or within a reasonable time after starting work. This engagement letter (or fee agreement) defines which probate tasks the lawyer will handle. It also lists tasks that fall outside the initial agreement.
2. Review Key Florida Statutes
- Florida Statutes § 733.607 – Petition to probate will and appointment of personal representative (link)
- Florida Statutes § 733.617 – Notice to creditors (link)
- Florida Statutes § 733.6181 – Personal representative compensation (link)
These statutes set deadlines and outline mandatory filings. Your engagement letter should reference which steps your attorney will perform, such as drafting the petition, preparing notices, and attending court hearings.
3. List Typical Covered Tasks
Most initial probate representation agreements include:
- Reviewing the decedent’s will and estate plan documents.
- Preparing and filing the petition for administration (Fla. Stat. § 733.607).
- Notifying heirs, beneficiaries, and creditors (Fla. Stat. § 733.617).
- Attending initial court hearings and probate conferences.
- Preparing inventories of estate assets.
4. Identify Excluded or Additional Services
Agreements often list tasks that require a new fee arrangement or additional fee, such as:
- Estate tax filings and tax planning.
- Complex litigation (e.g., will contests or creditor disputes).
- Real estate closings or business valuations.
- Contested guardianship or conservatorship actions.
5. Confirm Fee Structure and Amendments
Under Rule 4-1.5(a), fees must be reasonable. Your agreement should state whether you pay an hourly rate, flat fee, or contingency. It should also explain how to amend the scope if you later need additional tasks. Always get amendments in writing.
Helpful Hints
- Ask for a clear, itemized scope of work in your engagement letter.
- Compare multiple attorneys’ fee agreements for transparency.
- Keep a written record of any changes or added tasks.
- Verify deadlines for filing probate petitions and notices.
- Discuss potential additional costs for asset valuation or litigation.
- Confirm whether your attorney charges travel or courier fees.
- Request status updates in writing to track progress.
By understanding the required scope, reviewing Florida statutes, and asking the right questions, you can determine which tasks fall under your initial probate representation agreement and plan for any additional needs.