Have you been sued in a West Palm Beach will contest? You may be wondering about how well you will do in Florida probate litigation. Here is something you may not be pondering, do you have to pay for the other side’s Florida trust lawyer? Check out this recent case about attorney’s fees in a case of undue influence.
Attorneys Fees
- Estate lawyers in Florida know that Florida utilizes the “American Rule” when it comes to attorney fees.
- That means that each side pays his or her own probate litigation attorney.
- It is not your job to pay for the other side’s Florida probate lawyer in most cases.
- This makes sense after all because other wise the other side would have a perverse incentive to hire an expensive Florida estate lawyer and to have them engage in baseless litigation, after all you might have to pick up the bill.
- The other way is the so called English rule where the losing side pays everyone’s attorneys.
- Which do you think is more fair?
- Probate attorneys Florida know that no matter what you consider fair the rule is the rule and the rule here is American.
- Florida estate attorneys know that there are exceptions to the rules, do you know what they are?
- You may be entitled to collect attorneys fees if there is an exception embodied in a valid Florida statute.
- Also there may be a contract, will or trust charter on point that would allow for the fees.
- Unsure?
- Talk to an experienced Palm Beach probate law firm before you incur needless litigation expenses.
- Did you know that in some cases the estate may be able to get attorney fees from the other side in a case of undue influence?
In re Estate of Sogliuzzo
- This was actually the second time this case made its way to the appeal court in New Jersey.
- In this case a woman left behind a son and daughter.
- The son was a lawyer but was also accused of exercising undue influence over his mother.
- The daughter as personal representative of the estate sued and eventually won when the son refused to participate in discovery.
- Then she asked for attorney fees.
- But wait a minute, there was no statute or contract in place?
- Too bad said the Court, she gets them anyways.
- According to the Court the estate would not be whole unless it was repaid the litigation expenses.
- Do you agree?
Want to hear what a local law journal had to say about the whole fiasco?
Check out this recent article and decide for yourself, click here.
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