Does Florida need to reform its system for passing wealth between generations? In the Legislature, it depends on whom you ask.

At one end of the spectrum is Rep. John F. Cosgrove, D-Miami. Cosgrove said he will push for reforms that increase protections without piling on red tape. He also wants to throw out the law allowing excessive fees for probate lawyers.

The time for change is now, said Cosgrove. "I don't want to see the Legislature form a study commission to look at this and report back in a year."

By contrast, Sen. John A. Grant Jr., R-Tampa, thinks the Times has exaggerated shortcomings in Florida's estate system. While there are some flaws, he said, there is no need for broad reform.

"To say that the problem is the system because of a few people who disobey the system is ridiculous," said Grant. Nor does the law setting fees for probate lawyers trouble him. Grant said, "I don't think that fees are excessive."

The lawmaker who most strongly defends the status quo is also the one who makes a living from it. Both Cosgrove and Grant are lawyers with probate experience, but it is Grant who says he devotes a "good bit" of his practice to estate planning and administration.

In fact, Grant's attorney fees exceed those termed "ordinary" by Florida law. While the law endorses charging hourly fees plus 2 percent of estates, Grant generally charges $175 an hour plus 5 percent (although he charges less on large-but-simple estates).

In return for such fees, Grant says he and other established lawyers provide skilled and honest service to their clients. In fact, he said, if everyone gets their probate work done with a firm such as his, "there aren't going to be any horror stories."

How far should Florida courts go to protect those who don't know -- or can't afford -- prestigious lawyers? Again, Cosgrove and Grant differ.

Cosgrove said the courts should check for trouble in estates open beyond the 12-month deadline set by law, and should require safeguards such as appraisals and final accountings unless beneficiaries provide an "informed waiver."

"They ought to know what they're giving up," Cosgrove said.

Grant said the answer is not toughening the law, but making sure that lawyers, judges and citizens know and use it. He said, "We have an excellent probate code."

Grant did say that responsible estate administrators would avoid the actions of one executor profiled by the Times, who sold a stamp collection to the man who had set its price. "A responsible (executor) would never hire an appraiser who's going to buy the property."

Another lawmaker advocated tougher measures for lawyers who manage to steal from estates. Rep. Brian P. Rush, D-Tampa, said the Legislature should consider imposing a minimum mandatory prison term -- instead of giving the criminals probation and hoping for restitution.

"Lawyers who steal ought to go to jail," said Rush.

Rush, also a lawyer, said he would cheerfully pay increased Bar dues to compensate the victims of imprisoned lawyers. "But I'm unwilling to do that if the lawyer who committed the fraud gets to walk."