Florida probate lawyers are not cheap, and neither is Florida probate litigation. Wouldn’t it be nice to make the other side pay for the estate litigation in Florida? It may be possible, check out this recent appeal out of Florida and ask yourself, am I entitled to have my attorney fees covered?
Attorney’s Fees in West Palm Beach Probate
- Probate attorneys Florida are always on the look out for ways to get fees shifted.
- What does that mean?
- Estate attorneys in Florida if possible want to have the other side pay and not their client.
- That always help client relations, to let them know the invoice was zero that month.
- Unfortunately there are limited avenues for getting attorney fees in Florida.
- Your Florida estate lawyer can usually get fees in two very distinct instances.
- First there may be an express agreement such as in the trust or will that allows a prevailing party to get fees.
- The other way is when there is a Florida statute on point.
- Will contest lawyers know that absent one of these two circumstances the only way you are getting fees back from the other side is if the judge sanctions them.
- That is another blog though, for another day.
- So what happens when your Florida estate attorney is entitled to fees?
- How they actually get them is an interesting process.
- Check out this recent case to learn more.
McDaniels v. Edmonds
- Prior to this case, many attorneys felt that getting attorneys fees required them to file not only an affidavit but laborious timesheets.
- In this case the prevailing party sought attorney fees and costs after winning but they got denied.
- Why?
- Because they had failed to state the grounds for fees.
- On appeal the other side said that the decision should be upheld for another reason, namely that the lawyers had failed to attach timesheets.
- The appeals court disagreed and reversed the trial court.
- Now Palm Beach probate litigators know that they need not attach a timesheet to get paid.
- What a relief right?
- Well, there are still a lot of other things to keep in mind when you are pursuing your costs and fees in probate court.
Want to learn more?
Check out the entire case of McDaniels v. Edmonds by clicking here.
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