Search Results: declaratory

Learn the secrets of having your rights determined in a Florida probate, estate or trust.

What does Declaratory Relief have in common with Florida Probate litigation? Declaratory Relief and President Trump’s National Emergency. Hello, my name is John Pankauski, I’m a trust and estate lawyer in West Palm Beach, Florida. On Feb 15th of 2019, President Donald Trump was sued for his declaration of a National Emergency. Now, what does that have in common with Florida Probate litigation. On the surface, initially nothing but one of the first lawsuits that was filed, filed as declaratory relief. Seeking a declaration from the court. That happens a lot in Florida Probate, estate and trust contest. You are asking a court to make a declaration about your rights or about the validity or invalidity of a trust or an estate or a will such as a will contest case. Filling a declaration action in your Florida probate or estate case isn’t that much different from a Federal case involving a National Emergency.

Pursuant to Florida law, what is declaratory relief in a trust and estate lawsuit? How can you win a declaratory judgment in a West Palm Beach probate matter? How do you go to a Palm Beach probate court to bring a complaint, or Florida lawsuit, for declaratory relief under Chapter 86, Florida Statutes?

Trust beneficiaries and trustees seek declaratory relief all the time. Filing a “dec action” is permitted by statute and caselaw. What is declaratory relief and how can an action help you? Florida law, 736.0201 specifically permits declaratory relief.  What is declaratory relief in a trust and estate lawsuit? How do Florida probate litigators get a probate judge West Palm Beach to make a declaration about your rights or someone else’s rights? A May 11,2016 Fourth District Court of Appeal opinion discusses a declaratory action under Chapter 86, Florida Statutes.

What is declaratory relief in Florida trust and estates litigation? How do Florida probate litigators get a probate judge West Palm Beach to make a declaration about your rights or someone else’s rights? A May 11,2016 Fourth District Court of Appeal opinion discusses a declaratory action under Chapter 86, Florida Statutes.

A very recent Palm Beach Appeals court opinion just spoke to the Florida statute of limitations for  declaratory judgment actions. This case is very important for #PalmBeachProbateLawyers as well as   #FloridaProbateLawyers. Here’s why:

Do you know what you are doing? If you are a trustee of a Florida trust, or a beneficiary, do you know how to handle a trust lawsuit? Let’s explain the three “major,” or basic, types. Want to learn the background first? Want to learn the “backbone” of a Florida trust lawsuit? (If not, that’s OK!….go to the last section of this Florida Trust Legal Commentary). If you want to better understand your trust lawsuit, consider reviewing these resources: Florida Trust Code — a list of Florida statutes dealing with trusts, trustees and beneficiaries. Trust Beneficiary Rights — bene’s have a lot more rights than they may realize, including a right to know what the trustee is doing with every dime ! Do you know how to ask for accountings and relevant information? Trustee’s Duties— a trustee is a fiduciary who has a big job. She can’t self-deal, hide the ball, refuse to disclose, or operate the trust in secret. But, trustees are entitled to a great defense if a trust bene sues them with a baseless lawsuit. Defending a trustee will eat up trust money, so everyone needs to be careful and cautious. 10 Steps to Family Trustee Excellence — this is an easy-2-read, plain English book that you can read in one sitting. It is great for both beneficiaries and trustees. 3 Types of a Trust Lawsuit Now, some trust litigators may disagree that trust lawsuits can be broken down into only 3 categories. No argument here. You […]

When Florida Co Trustees disagree, what is a beneficiary to do? Perhaps the BETTER question is what are the co trustees supposed to do? We have written before on whether or not co trustees must act jointly. Now, let’s consider when co trustees disagree in a Florida Trust. Florida Trust Rules In Florida, trustees must rule by majority vote unless the trust says otherwise. So, if you have an odd number of trustees or co trustees, not to worry. You just vote on stuff. But what if there are an even number of co trustees? Like two? Two co trustees is (are) very common in Florida. What rules apply when two co trustees can’t agree? Well, the answer to that question is two-fold. When Co Trustees Disagree First, look to the trust document. What does it say about trustees’ votes and decision-making? A trust, for example, could give one trustee “super-trustee” powers. Veto powers. Or, a third party, a tie-breaker, can step in to decide what to do when Co trustees disagree. Sometimes there is a “special trustee” for that single role. Or another person such as a trust protector to handle trustee disagreements. What happens when there is no tie breaker? Often, trustees go to court. They file a “dec action”. An action for declaratory relief. The co trustees or co trustee simply tell the Court what’s going on. What the disagreement is and the judge will decide what to do. To read more about the office of the […]

Well the short answer is not much, other than, President Trump vacations at Mar-a-Lago in Palm Beach, just a short drive from the downtown West Palm Beach State Courthouse and the Federal Courthouse which is also located in downtown West Palm Beach. But, if you look at the complaints that were filed against the President for his decision to call a national emergency regarding the border, the immigration issue and the building of the wall, you’ll see that they framed it seeking declaratory relief or a declaratory judgment. That’s no different than what probate litigation lawyers and estate lawyers, trust lawyers do every single day here in the state of Florida. Many times we’re asking for declaratory relief or a declaratory judgment as to what a trust or a will says or who inherits. Declaratory relief, you can have it at the State Court, you can have it at the Federal Court, for federal issues or for Florida probates.

What do I do if  the language in an Orlando trust is not clear? How can two people read a Florida trust document and believe it says completely different things? What can I do if my sister and I disagree about the meaning of language in our mom’s trust? Should I call a West Palm Beach probate lawyer?