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Attorneys Fees and Palm Beach Guardianships

Uncategorized Jan 22, 2019
post about Attorneys Fees and Palm Beach Guardianships

One of the hot topics for West Palm Beach attorneys and judges right now is attorneys fees. Are you involved in guardianship litigation in Florida? If you are, you shouldn’t assume that the court will permit all of the attorneys fees to be paid from the ward’s assets.That doesn’t always happen. The ward is the person who is deemed incapacitated and in need of a guardian. In addition, if you are a Florida guardianship lawyer, you probably know that the judge may not award all of your requested fees. Be careful because guardianship litigation is often very emotional and hotly contested. Therefore, if you don’t watch out, it can get very expensive. You may want to check out this May 10,2017 Fourth District Court of Appeal ( DCA) opinion, Meyer v. Watras, regarding Florida guardianships and attorneys fees.

Here, the appellants, Meyer and Meyer Law Firm, appealed the circuit court’s order that awarded them less than what they requested in attorneys fees. The circuit court agreed with an expert that the fees were excessive. According to Florida Statute 744.108(8), a guardianship attorney ” is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” How is a “reasonable” fee determined by a probate judge? What happens if the fee is not reasonable? To read the entire case, click here.