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Compensation Disputes

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4th DCA: 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
Posted in Compensation Disputes

Geary v. Butzel Long, P.C., — So.3d —-, 2009 WL 1606034 (Fla. 4th DCA Jun 10, 2009)

In the commercial litigation context F.S. § 57.105 is a powerful tool for curbing abusive litigation tactics: if you engage in bad …

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
Posted in Compensation Disputes

Hays v. Lawrence, — So.2d —-, 2009 WL 211048 (Fla. 5th DCA Jan 30, 2009)

The probate bar has been mulling over the question of if, when and how Civ. Pro. Rule 1.525, the rule setting a 30-day post-judgment deadline for filing fee …

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

By Juan C. Antúnez on November 16, 2008
Posted in Compensation Disputes

Wintter & Associates, P.A. v. Kanowsky, — So.2d —-, 2008 WL 4643358 (Fla. 4th DCA Oct 22, 2008)

If all you’re asking a probate court to do is exercise its in rem jurisdiction over the assets of a trust …

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
Posted in Compensation Disputes

Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d DCA Oct 22, 2008)

Civil Procedure Rule 1.525 governs the mechanics of attorney’s fee motions in general commercial litigation.  Here’s what the rule says:

Any party seeking a

…

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
Posted in Compensation Disputes

Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th DCA Oct 08, 2008)

If a beneficiary of an estate wants to get his attorney’s fees paid with assets of the estate, the statute he’ll have to hang …

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

By Juan C. Antúnez on August 3, 2008
Posted in Compensation Disputes

Demello ex rel. Jerome Adams Trust, Irene V. Adams Trust v. Buckman, — So.2d —-, 2008 WL 2906652 (Fla. 4th DCA Jul 30, 2008)

In the linked-to case the beneficiary of a trust successfully sued her trustee for breach of …

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
Posted in Compensation Disputes

Payment of trustee attorneys’ fees when defending breach-of-duty claims has been a hot topic over the last few years due to appellate decisions out of the 3rd and 4th DCA’s that were decidedly non-trustee friendly [click here, here].  …

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

By Juan C. Antúnez on July 22, 2008
Posted in Compensation Disputes

Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group, — So.2d —-, 2008 WL 2668801 (Fla. 2d DCA Jul 09, 2008)

Shaking-Hands-In-Front-of-Ben-Franklin Ever wonder why your friendly neighborhood plaintiff’s lawyer gets a bit tense when he hires you to …

4th DCA: Cost awards in probate litigation

By Juan C. Antúnez on February 5, 2008
Posted in Compensation Disputes

Nasser v. Nasser, — So.2d —-, 2008 WL 239073 (Fla. 4th DCA Jan 30, 2008)

Fees and costs.  Attorneys say those words all the time, and we can all agree on what we mean by the word "fees," even when …

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

By Juan C. Antúnez on December 13, 2007
Posted in Compensation Disputes

The Florida Bar ethics rules governing contingent fee agreements are found in Rule 4-1.5(f).  Other than in divorce and criminal-defense cases [Rule 4-1.5(f)(3)], contingent fees are acceptable in any form of litigation, including contested probate proceedings.  Another point to …

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About the Author

Juan-Antunez Juan C. Antúnez is a partner with Stokes McMillan Antúnez Martinez-Lejarza P.A., a boutique trusts and estates law firm located in Miami, Florida. Trusts and estates litigation, probate administration and estate planning is all he does as a lawyer. Read More...

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Annual Survey of Florida Trusts and 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.

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Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full service Florida trusts and estates law firm. We offer clients individually tailored estate planning advice that leverages their ability to transfer wealth to future generations while minimizing taxes, risk of loss and family acrimony. We have extensive experience representing individuals, banks and trust companies serving as trustees and personal representatives of Florida trusts and estates. Finally, our collaborative team of litigation, tax, and trusts and estates professionals regularly represents clients in trust and estate matters, both contested and uncontested. We welcome the opportunity to discuss your needs, our qualifications, staffing approaches and fee structures with respect to estate planning, trust and estate administration, and trust and estate litigation.

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