写好合同的五十招英文版
2009-03-24 法律英语 来源:互联网 作者: ℃3. Monthly Bills. Fees shall be billed by Attorney and paid by the Personal Representative out of the assets of the Estate on a monthly basis. Costs incurred for copies, postage, long distance, fax, FedEx, filing fees, and other items shall also be billed and paid at least monthly.
4. No Statutory Percentage Fees. The parties agree that the provisions of this Fee Agreement replace the provisions of the applicable statutes and case law and that Attorney will not charge fees based upon a percentage of the assets or income of the probate estate. (Florida Statutes Section 733.6171 provides that the following is presumed to be reasonable compensation for ordinary services by the attorney for the Personal Representative: $1,500 for the first $40,000 plus $750 for the next $30,000 plus $750 for the next $30,000 plus 3% of the rest of the inventory value and income of the probate estate for ordinary services. The statute also provides that the attorney, personal representative and persons bearing the impact of the compensation may agree to compensation determined in a different manner. The statute also provides that attorneys are entitled to additional compensation for extraordinary services, such as real estate, adversary proceedings, homestead, tax matters, business, etc.)
5. Fee Proceedings. If the matter of fees and costs is submitted to the Court for review or determination at any time, fees and costs shall be billed by and paid to Attorney for such fee proceeding on the same basis as other fees under this Agreement; i.e., billed and paid at least monthly. In addition, attorneys testifying as expert witnesses on the matter of fees shall be entitled to fees at their usual hourly rates, which shall be paid out of the estate.
6. Joint Representation. The parties agree that Attorney represents ________________ in his or her capacity as Personal Representative of the Estate and also in his or her capacity as Successor Trustee of THE ______________ TRUST. The parties understand the potential conflict of interest arising from representation of multiple parties in multiple roles. They understand that if a conflict should ever develop between the multiple clients concerning the Estate or Trust, then Attorney would not be able to represent either of the clients in that conflict. The Personal Representative, Trustee and residuary beneficiaries are encouraged to engage his or her own separate lawyer before signing this agreement if they desire legal advice concerning this Fee Agreement or concerning any other aspect of the probate estate or Trust.
Under penalties of perjury, we declare that we have read the foregoing, and the facts alleged are true, to the best of our knowledge and belief.
Attorney:
______________________________
Date:_________, 20____
Personal Representative:
______________________________
Date:_________, 20____
Residuary Beneficiary:
______________________________
Date:__________, 20____
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