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How Long Does it Take to Administer an Estate?

Uncategorized Feb 15, 2018
post about How Long Does it Take to Administer an Estate?

How many months or years does it take to administer an estate in Florida? Probate lawyers know that the answer to this question really depends on a number of factors. Although many Florida estates are able to be wrapped up fast, some large, complicated estates can take a very long time. This is especially true if there is excessive litigation.

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Hearsay and Florida Trials

Uncategorized Feb 15, 2018
post about Hearsay and Florida Trials

What is Hearsay? What should West Palm Beach probate attorneys know about hearsay? How do you get evidence into probate court to prove your case? A November 8, 2017 Fourth DCA opinion revolves around whether or not evidence that was relied on in a trial is hearsay.

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If I Live in Orlando is There an Estate Tax?

Uncategorized Feb 15, 2018
post about If I Live in Orlando is There an Estate Tax?

What are inheritance taxes? What is the federal exempt amount? If I inherit a million dollars from my grandfather in Orlando, will I have to pay estate tax? Does Florida have an estate tax? Orlando trust and estates lawyers know that Florida does not have independent estate or inheritance taxes. However, you should ask your estate planning attorney whether you will still have to pay federal taxes.

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Attorney Client Privilege, Guardianships, & Estate Litigation

Uncategorized Feb 15, 2018
post about Attorney Client Privilege, Guardianships, & Estate Litigation

Florida’s Third District Court of Appeal ruled October 26, 2016, that the estate planning attorney for a deceased client must testify in an undue influence trial and will contest. The attorney objected to answering questions about his client disinheriting children. The trial court ordered him to testify. What is an undue influence trial? How can an attorney be required to testify when there is attorney client privilege? In Florida, what are the exceptions to the attorney client privilege?

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733.6175 Trial on Personal Representative’s Attorneys Fees

Uncategorized Feb 15, 2018
post about 733.6175 Trial on Personal Representative’s Attorneys Fees

On March 1st, 2017, Pankauski Hauser partner John Pankauski completed a trial on the issue of reasonable compensation for a personal representative’s attorney whose work ended prior to complete estate administration. The trial took place in the Delray Beach Probate Court, before the Honorable Howard Coates. 

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Florida Inheritances and the Slayer Statute

Uncategorized Feb 15, 2018
post about Florida Inheritances and the Slayer Statute

What does murder have to do with Florida trust and estates litigation? Under Florida probate law, how can murder affect a person’s inheritance? A Florida probate lawyer can tell you that Florida statutes section 732.802, also known as the Slayer Statute, bars a convicted murderer from benefitting under a will of the decedent that he or she murdered. This makes sense. Why should a person who kills another person be able to inherit from the victim’s estate? Wouldn’t that, perhaps, tempt greedy beneficiaries to commit murder?

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What is a Slayer Statute?

Uncategorized Feb 15, 2018
post about What is a Slayer Statute?

Do you know what a slayer statute is? Did you know that Florida has a slayer statute? These laws prevent those that kill from benefiting under their victims wills. Estate lawyers in Florida see this law coming up more than you would expect. Check out this recent case where a man is convicted by a Federal jury for murdering his boyfriend.

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Florida Probate Litigation: Can You Object to a Florida Will or Probate?

Uncategorized Feb 15, 2018
post about Florida Probate Litigation: Can You Object to a Florida Will or Probate?

Do you know how to file an objection to a West Palm Beach trust or will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

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How to Get Your Inheritance From a Florida Probate

Uncategorized Feb 15, 2018
post about How to Get Your Inheritance From a Florida Probate

How do I get my inheritance in Florida?  What should I know about the probate process in Florida? If my mom died in West Palm Beach leaving behind a house for me, how do I get ownership of it? Here are three things that John Pankauski, managing partner at Pankauski Hauser, believes you should know about getting your inheritance in Florida:

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Fiduciary Duties and Financial Exploitation of the Elderly

Uncategorized Feb 15, 2018
post about Fiduciary Duties and Financial Exploitation of the Elderly

Probate and guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member.  What is a fiduciary duty? Does a probate lawyer have a fiduciary duty to his client? You may want to read about a Las Vegas lawyer who may have financially exploited his clients.

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