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Can Florida Probate Attorneys Get Attorney Fees on Appeals Cases?

Uncategorized • Feb 5, 2016
post about Can Florida Probate Attorneys Get Attorney Fees on Appeals Cases?

Florida probate lawyers know that sometimes you have to appeal a probate decision. As a Florida probate litigant you probably know that an appeal can get expensive. Can you get your attorneys’ feesfor a probate appeal in Florida? Check out this recent case out of the Third District Court of Appeal in Miami to learn more about attorney fees in probate.

Attorneys’ Fees

  • Probate attorneys Florida know a thing or two about attorney fees, that is what we use to eat!
  • You will probably not find an estate attorney Florida who does not want to be able to shift his fees to the other side.
  • Do you know the rules on attorneys’ fees for estate litigation in Florida?
  • The general rule is that your expenses from your Florida estate attorney are yours and your alone unless one of two exceptions apply.
  • Do you know what those are?
  • First, there may be a statute in place that allows for the collections of fees.
  • Estate attorneys know these may exist for a Florida trust dispute, it depends.
  • Also there may be a contract in place that takes that can shift fees.
  • Have you spoken with your Florida will contest lawyer about these options?
  • What about on appeal?

Wells v. Halmac Development, Inc.

  • This was an appeal to the Third District Court of Appeals about attorney’s fees.
  • Florida probate lawyers know there are some special rules that apply to fees on appeals.
  • Do you know those rules?
  • One rule that was applicable here is that you can get interest on those fees.
  • Interest adds up, ask any Florida estate lawyer.
  • Here the decision was for $36,000 can you guess how much the interest would be on that?
  • I will give you a hint it is a lot more than you’re getting from that local savings account.
  • Florida estate attorneys are not in the business of leaving money on the table.

Want to learn more?

Check out the entire case by clicking here.

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