What Do Florida Probate Litigators Need to Know About Attorney’s Fees in Probate Court?

Florida probate lawyer fees can get expensive; did you know that you may be able to get them thrust to the other side? What parts of Florida probate litigation are subject to attorney’s fees statutes? To learn more about this interesting topic you may want to check out this recent case out of the Third District Court of Appeal for Miami. What does all of this have to do with estate litigation in Florida?

Attorney’s Fees in Probate Litigation

• A lot of people think that once their Florida probate attorney wins the case all their fees will be included as part of the judgment.
• Think again, that is not the rule in Florida probate litigation.
• Maybe in England you will get those kind of results but in Florida probate you have to prove entitlement to attorney fees through either an agreement or statute.
• This is called the “American Rule.”
• So when are you allowed to get attorney fees in Florida probate litigation?
• Probate attorneys Florida know there are two big situations where it is allowed.
• First there may be a contract or agreement in place that allows for the collection of attorney’s fees.
• Where would this happen?
• Check your trust charters for attorney fee sections.
• The other time is where there is a statute in place.
• Do you know where estate attorneys Florida find these statutes?
• Check out this recent case out of Miami to learn more about attorney’s fees.

RV-7 Property, Inc. v. Stefani De La O, Inc.

• This was an appeal from an award of summary judgment and attorney fees.
• Florida probate attorneys know that summary judgment is only appropriate when there is no dispute to material facts.
• What does that mean?
• Here the Court went as far as to award attorney’s fees to.
• Why?
• Florida estate attorneys know that there are only limited grounds for the award of attorneys fees and that the party petitioning has the burden to show entitlement.
• Has your Florida probate lawyer met his burden to get your bills paid?

Want to learn more?

Check out the entire case by clicking here.

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