Rubin on Probate Litigation

MonarchCare, Inc. v. Guardianship of Block , 204 So.3d 508 (Fla. 4th DCA 2016) In what seems to be a growing trend of appellate decisions involving guardianship fees, this decision involves a trial court's decision to reduce a professional guardian's hourly rate. Here, a professional guardian and an individual served as co-guardians of a ward.  The professional guardian billed at its standard hourly rate of $95 per hour, while the individual co-guardian billed at a rate of about $45-$50 per hour.  At an earlier hearing, the trial court granted a pending fee request for $95 per hour for the professional guardian, but prospectively capped both guardians fees at $45 per hour. Subsequent to the entry of that order, a new judge took over the case, and the professional guardian made another request for its fees at $95 per hour.  Following an evidentiary hearing, the new judge reduced the professional guardian's rate to $45 per hour.  The professional guardian appe...

White v. Guardianship of Lubin , 150 So.3d 1256 (Fla. 2d DCA 2014), 2014 WL 6497820 Under F.S. 744.108(1), a guardian is entitled to a reasonable fee for their services rendered on behalf of the ward.  A trial court deciding whether to grant fees has discretion, which "includes the ability to rely on common sense and experience to adjust the time claimed for common or routine tasks," and "the discretion to deduct time claimed by a guardian for noncore, delegable tasks that are better performed by others and to deduct excess time claimed due to the guardian's own inefficiency."   In re Guardianship of Shell , 978 So.2d 885, 889 (Fla. 2d DCA 2008). Here, the trial court disallowed a professional guardian's fees for time she spent reviewing and paying invoices for the ward.  The Court reversed, holding that since it is part of the guardian's duties to examine, approve and pay the ward's bills, she must be paid for the work she was appointed to ...