Under Florida Trust and Estates Law, Am I Personally Liable For Attorneys Fees?

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. 

Attorney’s Fees in Florida Probate Litigation

• Despite what many people think, in Florida probate litigation, there is no guarantee that attorneys fees will be included as part of a judgment.
• What does this mean?
• Even if your Florida probate lawyer wins your case, you may not be entitled to attorneys fees.
• Instead, your trust and estates litigator West Palm Beach will have to prove that you are entitled to attorneys fees.
• How do I prove entitlement in my probate or guardianship litigation matter?
• Probate litigators Delray Beach know that entitlement of attorney’s fees can be proven through an agreement or statute.
• For example, there may be a contract or agreement in place that allows for the collection of attorney’s fees.
• Alternatively, a Florida statute may entitle you to fees.
• Trust and estates attorneys are very skilled at finding and utilizing these statutes.
• Check out this April 8, 2016 Second District Court of Appeal case, which reversed attorney’s fees awarded against a person after an unsuccessful will contest.

Anderson v. McDonough (2016 WL 1386145)

• Anderson appeals an order requiring him to pay over $50,000 in attorneys fees to his mother’s estate.
• Here, Anderson challenged his mother’s will, which left everything to his aunt.
• After an unsuccessful will contest, the estate filed a motion for fees.
• The Estate’s attorneys relied on section 733.106 of the Florida Statutes(2011).
• The Second DCA concluded that, since the fee motion only cited the statutory basis, and Anderson was left with nothing in his mother’s estate, he was not obligated to pay the estate attorneys fees.

Want to learn more?

Click here to read section 733.106 of the Florida Statutes(2011).

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