If you own property in Florida you probably take your homestead property seriously given the creditor and tax protections. Huge house in Jupiter, Florida? Protected? What happens after a couple divorces- to the homestead property? If one of the former spouses wants to encumber the homestead does that apply to the other parties part of the property as well? A recent case out of the Florida Third DCA, Law v. Law says, you should read this Florida appeals case !
- Attorney fees are a common dispute in adversarial probate disputes.
- Everyone in Palm Beach probate wants attorneys fees paid.
- How do I get my attorneys fees paid for in Probate Delray Beach?
- Who’s going to pay for the attorney that a trustee had to hire to fight against a beneficiary? Does it matter who was acting in bad faith, or who prevailed?
- Can the trust document control attorney’s fees?
Getting Attorneys Fees Under Florida Statute 57.105
- How does all of this play in tandem with Florida Statute 57.105 that allows for attorneys fees in situations where a party asserts a claim or defense in bad faith?
- A recent Florida case shows how the issue of fees can arise in any action, here a family law case, but often these same issues will arise in probate litigation.
Want to know what Florida appeals courts are saying about 57.105 Florida Statute and attorneys fees?
Read the case of Law v. Law, whose Florida appeals court opinion is available in its entire form here.
- A man and a woman had been married in Florida for about thirty years and eventually decided to divorce.
- The marital home had homestead protections.
- The husband retained a law firm for legal services after he defaulted on a mortgage for the marital home, and encumbered his share of the marital home, promising a lien to the law firm.
- Eventually the house was sold and the firm wanted to try to go after certain funds held in escrow for the wife, she maintained they were proceeds from the sale of a homestead and were not up for grabs.
- She also alleged that they were litigating in bad faith and that there was no basis for their argument, and she won on that point, the Third DCA said the law firm should have known better.