What probate litigators Palm Beach need to know about the use of experts at probate fee hearings (November 5, 2014 4th DCA Palm Beach Beach case)
If you are involved in a probate Palm Beach, or a trust lawsuit Florida, you know that Florida attorneys fees are an important part of your Palm Beach probate litigation strategy. …especially if you are involved in a will contest Florida or a will challenge Palm Beach. A recent Palm Beach appeals case speaks to the issue of how you prove your attorneys fees and how you get attorneys fees. The opinion of the 4th District Court of Appeal was released November 5, 2014 and can be read for free online. It is not a probate case.
Attorneys Fees Hearings & Cases in Palm Beach
- Miller v. Bank of New York Mellon
- Here is the link to read this Palm Beach case on attorneys fees and the use of an expert: http://4dca.org/opinions/Nov.%202014/11-05-14/4D13-3576.op.pdf
- An award of attorneys fees must be supported by expert evidence
- Failure to have an expert offer credible testimony about your fees means that you can get any order reversed at the Palm Beach appeals court (for the most part)
Probate Litigation Lessons
- Have the probate lawyer ready to testify
- Produce all probate law firm invoices and billings and know how you are going to get those into evidence…. consider who the custodian of the records is, whether a records custodian affidavit helps, or whether a witness with personal knowledge will testify
- How do you get over the hearsay objection at the Palm Beach probate fee hearing?
- Hire an expert: most likely a Palm Beach probate lawyer with years of experience who can review your invoices and give an opinion to the Palm Beach probate court on
- The hourly rate of probate lawyers in Palm Beach
- The complexity of the matter such as the estate administration, the trust property, the role of the Palm Beach trustees, or what the executor of the will did….. as well as anyestate litigation which the personal representative was involved in
- The number of hours spent on the probate or trust matter
- Does this take more time and money? Yes. Does the Palm Beach appeals court require this for probate fee hearings? Yes.