Who is liable for attorneys fees in trust and estates litigation West Palm Beach? What if I can’t afford to pay attorneys fees incurred during a Florida probate trial? After an unsuccessful will contest, could I oweattorneys fees to the estate? If my Florida probate lawyer wins my case, will the other side have to pay my attorney’s fees? If you are involved in probate litigation, an inheritance dispute, or even a guardianship trial, you will want to read an April 8,2016 Second District Court of Appeal case, which explains that you may not owe attorneys fees to an estate, even if you lose, if you were not left anything in the estate.