Does a contingency fee make sense in a Florida guardianship or probate? November 18, 2015 2nd DCA

Many times, a contingency fee in a Florida guardianship can make sense for the Palm Beach Guardian, as well as the ward, or incapacitated, or incompetent, person, whom the Guardian is fighting for. Why?  Well, let’s say that your mother or father was aging, and a bit frail ,and susceptible to undue influence.  If, for example, a bad neighbor or “friend,” or in-law, or stepson, changed the title on your parent’s bank accounts or took money from  your parent,  you would want to go get it back, right?  Many times, when a Florida guardian is appointed, they get counsel, a Florida guardian lawyer to represent the guardian in the incapacity proceeding in probate court.  Probate courts in Palm Beach, Delray Beach, and Palm Beach Gardens, hear a lot of guardian cases andlawsuits.  But, often, the Florida guardianship lawyer is not a trial lawyer or litigator who will go sue someone to get the stolen money back, or to change back the title or ownership to the Boca Raton bank accounts.  Indeed, often, your mom, or dad, who now has a guardian, may not have all the funds or money to afford a probate litigation law firm Florida to sue the wrongdoer.  So, it is not uncommon for a guardian’s lawyer Florida to hire a guardianship litigation law firm West Palm Beach to try to get the money back and be paid on a contingency.

Does a contingency fee make sense for a guardianship Florida?

• Florida guardianship lawsuits have exploded in number and focus
• For whatever reason, the number of people, including family members, who want to hire an estate lawyer Florida to handle an estate plan are now, or later, being asked questions about elder law or planning for incapacity or guardianship law
• Although you should be able to avoid a guardianship with the right estate documents, sometimes a guardianship in probate court is the best remedy for the parent who may be suffering from Alzheimers or dementia
• Regardless, if money was taken because of civil theft Florida, or financial elder abuse, there are remedies which the law provides to get that money back, perhaps with interest and maybe, sometimes, not all the time, part or all of your probate litigation lawyer Florida’s fees and costs
• Do you know how to avoid a guardianship of an adult like a parent or grandparent?
• Do you know the difference between suing for civil theft and conversion in Florida probate litigation?
• A contingency fee is a real alternative, or option, for Delray Beach guardians, or family members, who want to “right a wrong,” or to stop financial exploitation, and get money back which was wrongfully taken from someone with dementia
• Do you know the best way to recover money that was wrongfully taken from your parents in Florida?

Will a probate litigator Florida take a guardianship case on a contingency fee?

• So, if you want a contingency fee for a guardianship litigator Florida, or perhaps a probate lawyer who handles trials, consider the following:
• Is your litigator experienced enought to know how to try a case, and is he or she not afraid to take your case to trial?
• Does your lawyer settle all of his or her cases or do they actually go to trial for estate lawsuits?
• Does your lawyer have confidence? Confidence in what? In the facts of your guardianship case, the law of getting stolen money back, and Florida guardianship law in general, and himself or herself?
• If you want to read a recent guardianship appeal case, consider reading Hensley Chalfant, PA v. Guardianship of Thomas D. Flannigan, 2015 WL 7273373, a November 18, 2015 Florida 2nd District Court of Appeal case, No. 2D13-3077 involving guardianship litigation Florida, and a contingency fee

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