Can Both Sides Collect Attorneys’ Fees in West Palm Beach Probate Lawsuits? Understanding “Prevailing Party” Clauses.

Uncategorized • Nov 18, 2015

Litigating a lawsuit in West Palm Beach can be expensive and probate lawsuits are no exception. There are ways to shift those fees to the other party though. Do you know how to get a Court Order that awards you attorney fees? Check out this recent appeal from a condominium dispute where every party got some fees from the other side. Although it is confusing this case shows – attorneys’ fees can pay off down the road.

Attorneys’ Fees in West Palm Beach

There are three ways to get attorneys fees in West Palm Beach, two of which are common and one of which is extremely rare.
First there may be a contract in place that awards a prevailing party its attorney’s fees.
One common example in probate law is trust documents.
Some donors or settlors that set up trusts in West Palm Beach want their beneficiaries to enforce the trusts, if necessary through a lawsuit.
To enable this to occur they make it so that if that beneficiary wins he will be reimbursed from the trust.
Another example is when there is a statute that allows for fees.
Do you know which sections of the probate or trust code enable a prevailing party to collect fees?
The final way is through the inequitable conduct doctrine.
This is a rarely cited doctrine that allows a Court in its discretion to award fees for bad faith litigation.
Ask your probate attorney if any of these sections apply to you.
Did you know that despite the language “prevailing party” both you and the other side could both be awarded fees in the same probate lawsuit?
Check out this recent case to learn more.

Environ v. Hokenstrom

This was a complicated dispute between a condominium association and its owners.
What was interesting is that it appears every party of the lawsuit got a fee award at some point in the lawsuit.
How is that possible when it is a “prevailing party” clause?
Keep in mind that a party can prevail on part of a lawsuit but lose on others.
That means they may be entitled to limited fees.
Thus both parties can prevail on parts and get a reimbursement for that part.
Are you entitled to at least partial awards of attorney’s fees in West Palm Beach from your probate lawsuit?
One way to find out is to talk to an experienced Palm Beach probate lawyer as soon as possible.

Want to learn more about attorney’s fees in West Palm Beach?

Check out this recent case by clicking here.

Want to see short, concise, free online videos about Florida Trust & Probate from a private Florida trust video library in the cloud?

Are You Interested in Viewing Free Florida Trust, Probate & Estate Videos?

Finally, do you want to see free Florida trust, Probate videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law videos from a private, Florida estate & trust video library?
There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos at this online Palm Beach estate & trust video library.
Watch short, concise Florida probate videos for free here at this link:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml