PALM BEACH PROBATE LITIGATION & ESTATE LITIGATION ATTORNEYS FEES
Just yesterday, the Florida appellate court opinion for a Palm Beach probate case was handed down by the appeals court for Palm Beach County, Florida. Although a brief opinion, it helps family members and beneficiaries involved in Palm Beach estate litigation, as well as Florida probate litigation in general, better understand when you can try to have your probate litigators’ attorneys fees paid for by the other side.
ATTORNEYS FEES IN FLORIDA PROBATE LITIGATION — the X Factor
I’ve often referred to attorneys fees in Palm Beach inheritance lawsuits, or Florida probate litigation in general, as the “X factor.”
Palm Beach estate litigation is expensive, much like estate and trust litigation throughout South Florida: from Jupiter, Florida, to Boca Raton, to Fort Lauderdale & Miami Beach. How much you spend on an inheritance lawsuit, to challenge a Florida will, or to bring a probate lawsuit, should be one factor when you are considering hiring an estate trial lawyer, and certainly before you file in estate lawsuit.
It seems that more and more people try to make a challenge to the will in Palm Beach, or contest a will in Broward County, Florida, or object to a Florida revocable trust in Florida — than ever before. Ft. Lauderdale estate litigation, Palm Beach trust litigation and related disputes involving wills, trusts, estates throughout Florida seem to be increasing.
Before you begin any Florida estate litigation, and certainly before you file a probate lawsuit in Palm Beach or Miami, you should consider:
- how much it’s going to cost you,
- whether you are likely to win your estate lawsuit or not, and
- what’s the likelihood that you can have your probate litigators’ fees paid for by the other side.
That’s the X factor:
- How much do you have to spend on the Palm Beach estate lawsuit?
- How much will it cost to win your Palm Beach probate trial?
- Can you have the other side pay your estate trial lawyers fees and costs?
INHERITANCE WARS
It seems that more and more people are challenging the will or someone’s Florida revocable trust. Everyone seems to have a last will, a revocable trust, or a family trust. Sometimes people are not happy with the inheritance they are receiving from a Florida estate or trust. Sometimes heirs, beneficiaries, and next of kin – – – family members – – – are disinherited or cut out from the will.
Knowing how to try to recoup your probate legal fees, or to make the other side pay your estate attorneys fees, is an important part of your probate litigation strategy, and your trial strategy when the probate trial has concluded.
PALM BEACH APPEALS COURT ISSUES OPINION ON PROBATE CASE
The 4th District Court of Appeal, which is in West Palm Beach, Florida, handles appeals for Palm Beach probate cases and Palm Beach estate cases.
This Palm Beach appellate court also hears appeals for Martin County, such as Stuart, Florida, all of Palm Beach County, Florida, and Broward County, Florida, such as Fort Lauderdale. This Palm Beach appellate court issued a legal opinion about inheritance lawsuits attorneys fees. This legal opinion, and others from this Palm Beach appeals court are available online free of charge. www.4dca.org/opinions
GETTING ATTORNEYS FEES IN PALM BEACH PROBATE CASES
Under the Florida Rules of Civil Procedure, generally a party to a Florida lawsuit must file a motion for attorneys fees and costs within 30 days of the judgment— after the Florida trial. There is an important exception under the Florida probate code for probate lawsuits and related Florida estate litigation and Palm Beach, Florida probate lawsuits.
Florida Probate Rule 5.025(d)(2) carves out this probate law exception for attorneys fees. It says that the 30 day rule under the Florida Rules of Civil Procedure does not apply in “adversary proceedings” for Florida probate lawsuits.