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Washington State Probate Appeal and Attorney’s Fees. What Does This Have to do with West Palm Beach Probate?

Uncategorized • Nov 12, 2015
post about Washington State Probate Appeal and Attorney’s Fees. What Does This Have to do with West Palm Beach Probate?

Are you involved in a West Palm Beach will contest and the bills are piling up?  Do you know how to get the other side to pay for your attorney fees? There are a few ways to shift the costs in your West Palm Beachprobate lawsuit. These may even apply to the fees related to an appeal. Check out this recent case out of the Court of Appeals in Washington State to learn more. 

Attorney Fees

  • There are really only two ways to get attorney fees in West Palm Beach.
  • The first is a contract or agreement about who will pay fees.
  • These may be found in a trust document or (rarely) a will addresses the issues.
  • More common than not these are found in contracts.
  • It is unlikely the Defendant will agree after the fact to a fee arrangement.
  • The other way is when there is a statute on point.
  • What statutes allow for attorney fees?
  • Actually, a lot do.
  • If you are suing under the trust or probate code in West Palm Beach make sure toread the statute. 
  • Does it say the prevailing party or winner shall have a right to reasonable attorney fees in West Palm Beach?
  • This is the kind of information that probate attorneys love to hear, that they are guaranteed their fees from the other party once they win.
  • Sometimes it is in the judge’s discretion whether or not they are going to order the fees.
  • How are you going to convince them?

Estate of Lowe

  • This was a probate appeal from Washington State.
  • A man sued his brother challenging his right to numerous silver bars and bags of silver coins that belonged to their late mother.
  • The trial court rejected various legal arguments advanced by the plaintiff (will contestant) and confirmed that the brother had a right to the silver.
  • The trial court even ordered the plaintiff to pay all of the fees for the estate and brother in this lawsuit!
  • Interestingly on appeal the Court said that it would not also make him pay the appeal fees.
  • Does that sound fair to you?
  • Who is really going to end up paying your West Palm Beach will contest legal fees?

Want to learn more?

Check out the entire case by clicking here. 

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