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In a Will Contest, Can Attorney’s Fees Be Awarded Against a Surviving Spouse?

Uncategorized • May 2, 2016
post about In a Will Contest, Can Attorney’s Fees Be Awarded Against a Surviving Spouse?

In Florida probate court, can attorney’s fees be awarded against me if my claim has bad merit? How can I make sure that my claim is supported by material facts? When might I have to pay attorney’s fees for the other side?  

Attorney’s Fees in Florida Trust and Estates Litigation

  • Florida probate, trust, and estates litigation can be very costly.
  • However, a skilled trust and estates lawyer can help you determine if there is a way to get the other side to pay your attorney’s fees.
  • If there is a way, your probate lawyer West Palm Beach will be sure to fight  for you.
  • Under Florida probate law, there are only certain instances where this is possible.
  • You may be entitled to fees if there is (1) an agreement in place or (2) if there is aFlorida statute that can be used to show that the winning party gets fees.
  • When can attorney’s fees be awarded against me in West Palm Beach probate litigation?
  • If I lose my case, will I have to pay attorney’s fees for the other side?
  • If attorney’s fees are awarded against you, a probate litigator Delray Beach may be able to help you.
  • Check out this recent Second District Court of Appeal case that reverses the trial court’s decision to award attorney’s fees against a surviving spouse.

Casey v. Jensen (2016 WL 1125180)

  • After an unsuccessful attempt to reestablish her deceased husbands’ lost will, Casey was ordered to pay attorney’s fees for the other side pursuant to section 57.105, Florida Statutes( 2010).
  • What is section 57.105, Florida Statutes(2010)?
  • It authorizes attorney’s fees against a “losing party who knew or should have known that a claim or defense was not supported by material facts.”
  • What are material facts?
  • How do you know if someone knew or should have known?
  • On appeal, Casey challenged the award of section 57.105 fees by establishing that her claim was “supported by material facts because she presented evidence that, if accepted, would have shown that her husband had a will.”
  • The Second DCA reversed the part of the final judgement that awarded attorney’s fees against Casey.Want to learn more?
    • Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorney’s fees, & trust law.
    • There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml