Weinstein's Estate, In re, 75--1832
| Decision Date | 23 November 1976 |
| Docket Number | No. 75--1832,75--1832 |
| Citation | 339 So.2d 700 |
| Parties | In re ESTATE of Mayer WEINSTEIN, Deceased. Herbert T. WEINSTEIN, Appellant, v. Gabrielle NASH, Appellee. |
| Court | Florida District Court of Appeals |
Horton, Perse & Ginsberg, Miami, for appellant.
Louis Vernell, Miami, for appellee.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Herbert Weinstein, executor of the estate of Mayer Weinstein, deceased, appeals an order awarding attorney's fees to the counsel of Gabrielle Nash, an unsuccessful proponent in a will contest.
Gabrielle Nash was the sole beneficiary under a will executed by Mayer Weinstein on May 29, 1973. She typed the will and was present at its execution. Upon Mr. Weinstein's death, she presented the will for probate. A will of May 24, 1973 in favor of Mr. Weinstein's children and grandchildren was also presented. A will contest ensued and an order was entered denying Ms. Nash's petition for probate of the May 29 will. She appealed and this court affirmed without opinion. 1 While the appeal was pending, Mr. Nash filed a motion for attorney's fees pursuant to Section 733.106, Florida Statutes (1975) and Fla. R.P.& G.P. 5.090. The probate judge, after a hearing, awarded $6,500 to Ms. Nash's counsel chargeable to Mr. Weinstein's estate based upon the following findings:
'The record in this proceeding revealed that the decedent died with at least three known wills as follows:
'May 29, 1973 in favor of GABRIELLE NASH;
'May 24, 1973 in favor of his natural children and grandchildren;
'Will approximately 7 months earlier in which he substantially disinherited his children in favor of other legatees.
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Heritage Found. v. Estate of Schmid
...the petition was not ill-advised. These findings are supported by the evidence and support the court's ruling. See Weinstein v. Nash, 339 So. 2d 700, 702 (Fla. 3d DCA 1976). Accordingly, we find no abuse of discretion in directing payment of the fee award from the corpus of the Estate.Affir......
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Griffis Estate, In re
...was properly awarded an attorney's fee. See also In re Estate of Jones, 352 So.2d 1182 (Fla. 2d DCA 1977); In re Estate of Weinstein, 339 So.2d 700 (Fla. 3d DCA 1976); In re Estate of Barret, 137 So.2d 587 (Fla. 1st DCA 1962); In re Estate of Farris, 113 So.2d 721 (Fla. 3d DCA Appellant als......
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Estate of Hand, In re
...see, e.g., In re Estate of Whitehead, 287 So.2d 9 (Fla.1973); Williams v. Kane, 88 So.2d 603 (Fla.1956); In re Estate of Weinstein, 339 So.2d 700 (Fla. 3d DCA 1976), cert. denied, 351 So.2d 409 (Fla.1977); In re Estate of Reid, 182 So.2d 54 (Fla. 3d DCA 1966), are inapposite because either ......
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The recovery of attorneys' fees and costs for the unsuccessful offer of a will for probate: counsel must give close attention to the substantive and procedural aspects of the statute in order to obtain an award of attorneys' fees and costs from the estate.
...their services did not benefit the estate. (15) Proponent Unsuccessful: Fees Awarded Conversely, in the case of In re Weinstein's Estate, 339 So. 2d 700 (Fla. 3d DCA 1976), the trial court awarded fees in favor of the attorneys for a proponent and sole beneficiary of a will apparently found......