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Does the Probate Court in Florida Require an Evidentiary Hearing for You to Get Attorney Fees?

Uncategorized Feb 17, 2016
post about Does the Probate Court in Florida Require an Evidentiary Hearing for You to Get Attorney Fees?

Florida probate lawyers know that an award for attorney’s fees could  make or break the case. That being said does your estate attorney Florida know the rules for getting an award of attorney’s fees in a probate lawsuit? Experienced probate lawyers in Florida know the rules here can be complicated and may require an evidentiary hearing. What does that mean?

Evidentiary Hearings

  • What is an evidentiary hearing?
  • In Florida probate court aside from a full trial there are two basic types of hearings, evidentiary and non-evidentiary.
  • What is the difference?
  • Evidentiary hearings allow the judge to hear evidence.
  • That means he may be able to make certain determinations that he would not be able to reach otherwise.
  • Like what?

Attorney Fees in Florida Probate Litigation

  • There are certain rules to getting an award of attorneys fees.
  • Do you know what they are?
  • Estate attorneys Florida know this could be a time where an evidentiary hearing is needed.
  • Especially when the other side disputes the fees.
  • How can you be sure?
  • Check out this recent Florida appeal to learn more about your probate lawsuit.

Petrovsky v. HSBC

  • This was an appeal centered around a foreclosure in Florida.
  • The Court had entered an award of attorneys fees without an evidentiary hearing.
  • On appeal that was reversed.
  • Do you know why?
  • When are probate lawyers entitled to an evidentiary hearing regarding their fees?

Want to learn more?

Check out the entire case by clicking here.

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