Rule 9.060 Fees in Estates, Guardianships and Conservatorships

If a lawyer or a fiduciary (like a guardian, conservator, or personal representative) wants to collect fees from an estate, guardianship, or conservatorship, they can't just ask for payment. They have to back up their request with a sworn written statement, called an affidavit, that explains why the fee is fair and reasonable. This affidavit needs to include an itemized breakdown of the work done and the charges for it.

For attorney fees in guardianship or conservatorship cases, the affidavit must follow specific formatting rules. For attorney fees tied to someone's estate after they've died, the affidavit must meet the requirements laid out in state law. If a personal representative (the person handling a deceased person's estate) wants to be paid more than the standard amount set by law, they also need to explain in writing why they deserve the extra money.

Finally, whenever someone asks for fees or files an accounting of how money was spent in these cases, they must notify the right people. This means giving proper notice to family members, beneficiaries, or others with a legal interest in the case, following the specific notice rules spelled out in state law. This step makes sure everyone involved has a chance to see what fees are being requested and raise objections if they disagree.