Florida probate lawyers and personal representatives sometimes have to part ways. Unfortunately, sometimes things do not work out or maybe because of a conflict of interest the Florida estate lawyer is forced to withdraw. What happens if you do not pay that Florida probate lawyer? Can the probate lawyer sue the estate? He may be able to put what is called a charging lien on the case. What does that mean?
Charging Liens
- What is a charging lien?
- Florida estate attorneys do not always take their money up front.
- In fact, many understand the fact that a personal representative cannot front the money for the estate.
- So when do Florida probate lawyers get paid?
- It depends on the type of Florida probate litigation.
- What else does it depend on?
- Sometimes a Florida will contest lawyer will have to withdraw or even be fired from a case.
- Then what happens?
- You still have to pay your Florida probate lawyer a fair fee.
- Is it due right then?
- Florida estate lawyers may be able to actually assert a lien over the case.
- This is called a charging lien.
- Are charging liens allowed in Florida probate court?
- Check out this recent case out of the Second District Court of Appeals in Florida to learn more.
Parrish & Yarnell, PA v. Spruce River Ventures, LLC
- Here an attorney had asserted a charging lien but the trial court had struck it or erased it.
- Do you know when a Florida court can erase a charging lien?
- What do you have to prove to the Florida probate court to get them to forgive acharging lien?
- This was centered around a real estate dispute that the law firm did work for.
- Why should they not get paid?
- When can Florida probate lawyers assert charging liens?
- More importantly, when do you have to pay those charging liens?
- Are charging liens from Florida probate court appealable?
- Talk to a Florida probate lawyer today to learn your rights.
Want to learn more?
Check out the entire case by clicking here.
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