Getting Attorneys Fees in Palm Beach Probate Litigation — Florida Probate Rule 5.025

Are you involved in a Palm Beach probate lawsuit?   If so, can you get your probate attorneys fees paid for , and if so, by whom?  The other side? The Palm Beach estate? Maybe a Palm Beach trust?  A recent case from the Palm Beach appeals court is a must read for any beneficiary or Palm Beach trustee.  You need to know WHEN you can file a motion for attorneys fee and when the Florida Probate Rules apply.   If you are involved in a Palm Beach probate, or estate lawsuit, heads up.

Motion for Attorneys Fees

• Did you ask for attorneys fees in your Palm Beach probate lawsuit?
• When and how?
• You need to plead or request attorneys fees in  your “main” probate lawsuit documents like a complaint or probate petition
• Did you file a motion for attorneys fees?
• Was it set for hearing?
• Did you introduce evidence from which the Probate Court judge can make findings of fact and make rulings?

Florida Probate Rules

• Know when the Florida Rules of Civil Procedure apply and
• When the Florida Probate Rules Apply
• Read Florida Probate Rule 5.025

Here is the opinion from Palm Beach’s 4th District Court of Appeal if you want to read it:  http://4dca.org/opinions/Feb%202014/02-12-14/4D12-2642.op.pdf