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Compensation Disputes

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When can a probate judge shift the winning side’s attorney’s fees against one of the estate’s beneficiaries for wrongful conduct, bad faith, or frivolousness?

By Juan C. Antúnez on June 20, 2009

In the commercial litigation context F.S. § 57.105 is a powerful tool…
Continue Reading When can a probate judge shift the winning side’s attorney’s fees against one of the estate’s beneficiaries for wrongful conduct, bad faith, or frivolousness?

5th DCA: It’s official, probate litigators now have something new to worry about: the 30-day deadline applicable to motions for attorney-fees under Civ. Pro. Rule 1.525

By Juan C. Antúnez on February 6, 2009

Hays v. Lawrence, — So.2d —-, 2009 WL 211048 (Fla. 5th…

Continue Reading 5th DCA: It’s official, probate litigators now have something new to worry about: the 30-day deadline applicable to motions for attorney-fees under Civ. Pro. Rule 1.525

4th DCA: Failure to plead claim for attorney’s fees = waiver of claim

By Juan C. Antúnez on November 16, 2008

Wintter & Associates, P.A. v. Kanowsky, — So.2d —-, 2008 WL…

Continue Reading 4th DCA: Failure to plead claim for attorney’s fees = waiver of claim

2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?

By Juan C. Antúnez on October 30, 2008

Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d…
Continue Reading 2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?

What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?

By Juan C. Antúnez on October 15, 2008

Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th…
Continue Reading What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?

4th DCA: Spotty evidentiary record = reversal of trust beneficiary’s attorney’s fee award

By Juan C. Antúnez on August 3, 2008

Demello ex rel. Jerome Adams Trust, Irene V. Adams Trust v. Buckman…
Continue Reading 4th DCA: Spotty evidentiary record = reversal of trust beneficiary’s attorney’s fee award

New legislation: Payment of trustee attorneys’ fees when defending breach of duty claims; trustees have new affirmative notice obligations

By Juan C. Antúnez on August 1, 2008

Payment of trustee attorneys’ fees when defending breach-of-duty claims has been a…

Continue Reading New legislation: Payment of trustee attorneys’ fees when defending breach of duty claims; trustees have new affirmative notice obligations

2d DCA: What probate lawyers should know about fee disputes under Florida’s Wrongful Death Act

By Juan C. Antúnez on July 22, 2008

Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group, —…
Continue Reading 2d DCA: What probate lawyers should know about fee disputes under Florida’s Wrongful Death Act

4th DCA: Cost awards in probate litigation

By Juan C. Antúnez on February 5, 2008

Nasser v. Nasser, — So.2d —-, 2008 WL 239073 (Fla. 4th…

Continue Reading 4th DCA: Cost awards in probate litigation

Contingent fees in probate litigation: $42 million payday upheld on appeal

By Juan C. Antúnez on December 13, 2007

The Florida Bar ethics rules governing contingent fee agreements are found in…

Continue Reading Contingent fees in probate litigation: $42 million payday upheld on appeal

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    2023 . . . The Year in Review

    2022 . . . The Year in Review

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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