Florida probate litigation can get expensive which is why estate lawyers in Florida prefer to get the other side to pay the attorney fees and costs. Experienced Florida trust lawyers know that not every fee or cost should be sent to the other side, it depends on a set of rules. Do you know the rules? Check out this recent case out of the Third District Court of Appeal to learn more.
Attorneys Fees and Costs
- There are only a few ways that your probate litigation attorney can get you attorneys fees from the other side.
- The two big ways are if there is a contract in place or a relevant statute.
- Florida probate lawyers can help you figure out if one of these applies to you.
- A different expense in Florida probate litigation is the so called “costs” which include court costs, deposition costs, travel expenses etc.
- Certain “costs” can be sent to the other side in certain cases though.
- In other words you do not need a contract or statute because the rules provide for such.
- That being said these issues are hotly debated and attorneys do their best to limit a client’s exposure.
- Probate attorneys Florida often appeal these issues rather then just sending a check.
- Check out this recent insurance appeal centered around costs and fees to learn more about what Florida estate attorneys do to keep costs down, and if possible shift them to the other side.
Citizens v. Pulloquinga
- This was an interesting case where Citizens really put a woman through the ringer, trying to get her to avoid claiming her entire policy after her house burned down.
- The insurance company was unable to avoid summary judgment against all of their defenses and eventually had to pay out the entire policy.
- This appeal was completely centered around costs and attorneys fees.
- There are two big lessons Palm Beach probate litigators can take out of this case.
- First, in certain cases there may be a multiplier added to attorney fees issues when one attorney can prove that it is necessary.
- This is common in cases where the attorney fronts the entire case load and has to shut off other business to handle the complex matter.
- The other lesson involves costs.
- The costs issue was remanded down and the travel expenses were to be struck.
- This is because under the current rules you do not get reimbursed for travel expenses.
- What expenses can you get compensated for?
Want to learn more about costs and fees in West Palm Beach probate litigation?
Check out the entire case by clicking here.
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