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Does a contignency fee make sense for a Florida Probate case?

Uncategorized Nov 30, 2015
post about Does a contignency fee make sense for a Florida Probate case?

What should you, as a Florida trust beneficiary or Palm Beach probate beneficiary, know about contingency fees in Florida probate cases. Well, most Florida probate litigation law firms won’t take yourinheritance lawsuit Boca Raton on a contingency fee. Why?  Most Florida trust lawyerswant to be paid by the hour, every single month.  What should know about a Florida contingency fee in a Palm Beach probate or estate case when you are interviewing and trying to hire estate lawyers in Florida? A recent, November 4, 2015 Florida appeals court case some insight and knowledege about Florida contingency fees.

When Does a Florida Contingency Fee Make Sense?

  • If you were cut out of a Florida estate or your mother’s will, or are arguing about what assets should be in the Delray Beach probate, a Florida probate contingency fee may or may not make sense
  • If you want a probate litigation attorney to conduct an investigation and find out where the money went, or why there isn’t more money in the Palm Beach Gardens estate,that means that your contingency fee probate attorney will probably also file a Petition or a lawsuit to find out what happened to your inheritance
  • Does your Florida probate lawyer have the confidence to take the case on acontingency fee?
  • Probate attorneys in Florida often have to explain to beneficiaries that the beneficiary is responsible for paying for their estate lawyers
  • Now, if you are the personal representative of a Palm Beach estate or probate, you can pay your Florida estate attorneys from the probate assets or the cash on hand in the estate
  • So, when considering whether a probate contingency fee makes sense or not, consider whether you are hiring the Florida estate lawyer on behalf of your own self, such as a beneficiary, or on behalf of the estate

Florida 3rd DCA Case On Contingency Fees

  • This recent contingency case out of Florida is NOT a probate case
  • In this Florida contingency case, there was a settlement, and then a disagreement over how that settlement money would be distributed
  • The “first” Florida lawyer was entitled to a 40% contingency fee
  • The client had a written fee contract with the first lawyer
  • All contingency fees should be in writing, signed and in accordance with the Rules Regulating the Florida Bar
  • In this case, a first lawyer was hired on a 40% contingency and then the client hired another attorney on a 40% contingency. and used both lawyers for her case
  • Which law firm gets the 40% contingency fee in Florida?
  • Here is the link to read this November 4, 2015 Florida 3rd District Court of Appeal case which is known as Anderson v. 50 State Security Service, Inc. 40 Fla. L. Weekly D 2489:http://www.3dca.flcourts.org/Opinions/3D14-2540.pdf