In Palm Beach probate litigation, many probate lawyers from Palm Beach Gardens to Ft. Lauderdale know that getting attorneys fees is an IMPORTANT & VALUABLE sub-issue. In other words, while you are probating the Palm Beach estate, or involved in a will contest, don’t just focus on the undue influence, or joint bank accounts: don’t forget the probate attorneys fees. Attorneys fees in probate cases can be sizable. And someone is going to pay. That’s because of the fee shifting statutes found in the Florida Probate Code & the Florida Trust Code. A recent case (not a probate case) reminds Palm Beach heirs & beneficiaries about important aspects of fee hearings. If you are involved in a Palm Beach probate, or an inheritance lawsuit, you may want to read this.
3 Step Process to Attorneys Fees
- To get fees in a Palm Beach probate lawsuit, you have to do 3 things
- Demonstrate a basis for the fees: a statute in the Florida Probate Code or the Florida Trust Code
- Demonstrate — entitlement
- Prove –through evidence — the reasonableness of the probate attorney fees
Don’t Contradict Yourself
- In a recent case, an attorney involved in an attorneys fee hearing admitted that the other side was ENTITLED to attorneys fees on a limited issue.
- On appeal, he changed his tune.
- You can’t…… if you admit that someone is entitled to attorneys fees in a Palm Beach probate on a Monday, you can’t say they aren’t on a Tuesday.
- Or…. you can’t admit entitled to a Probate Judge then take the other side on appeal
Tips for Getting Attorneys Fees — Get an Expert
- Attorneys fee hearings are evidentiary
- Get evidence, call witnesses, move “stuff” into evidence
- You need to prove entitled — usually a statute
- You are required to have an expert witness testify to the reasonableness of the Palm Beach probate attorneys fees
- This usually means the hourly rates, and the number of hours spent on various estate or trust matters
- Someone needs to testify about the legal services and introduce time records, invoices, etc….probably your probate or estate lawyer.