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?
- 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