When Trustees Must Personally Pay Their Beneficiaries’ Legal Fees
You’ve heard me refer to attorneys fees in Florida probate lawsuits as the ” X Factor.”
When you are in the middle of a probate dispute or a Florida trust lawsuit, you don’t want to spend $100 on Florida probate lawyers over something that is worth only $50. That only makes sense, right?
Also, generally, in Palm Beach probates & trust cases, the losing side can pay the winning side attorneys fees. That is a major factor when setting out your litigation strategy.
Question: So, can the trustee of a Florida trust be made to pay the trust beneficiaries’ lawyers? Put another way:
Question: Can the trustees be personally liable to pay the trust beneficiaries’ lawyers or legal fees?
Answer: Consider reading three things:
- Jacobson v. Sklaire, 92 So. 3d 228, a Florida trust case from the 3rd District Court of Appeal from 2012.
- 2014 WL 2965411, which is a recent, July 2, 2014 case from Florida’s 3rd District which cites the Jacobson case. (Note this appeals court opinion is not “released” yet, and is subject to revision or withdrawal.)
- The Florida Trust Code chapter 736 of the Florida statutes, particularly 736.0802 (10) and also 736.1004, 736.1005, 736.1006 and 736.1007.