Why would anyone “file for guardianship” in Florida? Here are the 5 reasons which you need to consider on why start a guardianship. Why start a guardianship? Let’s first assume that you understand the procedure for how to start a guardianship. If you are not sure, consider three options, first. One, read the “how’s” by clicking THIS LINK. That link provides free Florida guardianship legal commentary. No charge. No signups. No emails. 2nd, consider reading the Florida Guardianship Code found online for free at Chapter 744 of the Florida Statutes. Or, click this free link that will take you online directly to those laws. 3rd — to see some free Florida guardianship videos, simply click this link. Again: no emails, no signup, no one will ask you for an email or to join anything. You will obtain perspective very quickly and the legal videos on Florida guardianship are separated by topic. So you can scroll through them and watch what you want — and not see what you don’t want. With that said, now, let’s discuss WHY start a guardianship. With that brief introduction to Florida guardianship, let’s get to the meat of the coconut. The Golden Rules and Platinum Results Everyone who hires a guardianship litigator wants a “lion”, not a “cub.” Alpha Dog or pussy cat? Right? May sound “un-professional” or overly simplistic. But that’s reality. …hope you are getting the platinum results which you want and may deserve. To try to understand that…………… start below….. If you […]

Here are the 4 things which you need to know on how to start a guardianship in Florida. All you need to know about how to start a guardianship in Florida First, most (…………………..OK… a lot of……………….) guardianship law in Florida is in the code. A set of laws or statutes. See Chapter 744 and read to your heart’s content. You will candidly be surprised how much you can learn in one hour about how to start a guardianship. What’s good about this chapter is that it also explains the procedure. Two, you have to file two petitions. One petition says “hey… I think someone can’t make their own decisions. They need assistance.” This is often referred to as a petition for incapacity. It’s serious stuff. The Petitioner is notifying the Court that someone needs assistance and protection. That they may be vulnerable. And… that they cannot, or should not, exercise certain rights. The second petition is a petition for appointment of guardian. A guardian may make ALL the decisions for the person. Or only some. Who decides what rights get taken away? The probate judge handling your guardianship trial. Power of attorney, health care proxies and trusts And the guardian may make decisions for the “person”….like personal decisions. Your social environment, where you live, who you see or don’t see, your health care decisions. Or, the guardian may be for one’s property. Who pays the bills, invests the money, spends or (not spending) the person’s money. What do to […]

Only an interested person may get involved in a Florida guardianship or estate. Are you in or out? Can you get the “keys” to the “courthouse door?” Or is someone preventing you from speaking out? Here is your “last and final“, “all-you-need-to-know” comprehensive commentary about what is an interested person. What are you doing here? Not everyone can participate in a Florida guardianship or probate. You need some connection. Some interest at stake: inheritance, rights, money, property ? After all, let’s say that you and your spouse are going through a divorce. Can I come in to your lawsuit or proceeding and start filing motions ? How about a stranger’s breach of contract case? Of course not. I have no “standing“. I have no right to participate in a legal proceeding that has nothing to do with me. Now, “standing” is different than an “indispensable party“. If someone files a lawsuit and does not join all indispensable parties, the suit could be dismissed. When we talk about Florida probate and guardianships, what is an interested person? ” I want a say in this estate ! …. “ Well, whether one can participate in a guardianship or estate proceeding ( a Florida probate) turns on whether you are an interested person. Whether you have a sufficient legal or financial interest in the proceeding to be allowed to be heard, to participate and to ask a probate judge for relief or assistance. This legal commentary will tell you what you need to […]

Are you being prevented from getting involved in a Florida estate? Know your rights and whether or not you can have a say. We have previously written about what an “interested person” is in a Florida probate or estate. Now, in August of 2024, let’s re-visit this legal issue based upon a new case just handed down. Trust Beneficiaries Is a trust beneficiary able to participate in a Florida estate proceeding? Put another way, what if the estate “goes” to a trust. Can a trust beneficiary get involved in the court estate proceeding? Well, if the trust beneficiary’s interest is likely to be affected by what’s going on in the estate or probate, the answer is “yes.” Read this new opinion from the 4th District Court of Appeal on this very issue. To read more about what an interested person is, you can click this FREE FLORIDA PROBATE COMMENTARY. Remember: those who usually get to be involved in a probate are beneficiaries, creditors, and the executor or “Personal Representative.” But, the definition of who an “interested person” is can vary from estate to estate. And certainly in a guardianship matter. What if they prevent me from getting involved in a Florida probate? Remember, not just ANYONE can walk into court and get involved. You have to have a connection. In a trust contest or a Florida estate, your ticket to the show is whether or not you are an interested person. For more about being an interested person in a […]

Are you a former spouse who is owed back child support —- and your ex-spouse just died? Move fast and file the correct papers in a probate. Get a Statement of Claim on the books properly and ASAP. You just may be able to get unpaid child support payments plus interest — even decades later. Child Support Payments = Estate Claim Unlike great Bordeaux, your claim for unpaid child support does NOT get better with age. If you are divorced and are owed unpaid child support payments and your ex spouse just died, you need to file a Statement of Claim in the probate proceeding right away. Why? Because you are a creditor of the late (now deceased) spouse’s estate. That’s right: you need to “sue” your ex-spouse’s estate. And creditors get paid before a beneficiary sees a dime. Don’t wait. A lot of claimants make the mistake of expecting someone else to open probate. And sometimes that just doesn’t happen. So, don’t sit on your rights ! To read more how to open probate, click here. If there is no probate open, you need to start one. Open it yourself. To read more about creditor’s rights, you can read the Florida Probate Code. There are very short time frames to exercise your rights as a creditor. You may only have 3 months, maybe less, and definitely no more than 2 years after the date of death of your ex spouse. Check out this link for important Florida Probate Statutes […]

Knowing when to file a notice of appeal, or a motion for rehearing can be confusing. A recent case tells you not to wait when dealing with non-final orders. Your Florida appellate lawyer should know when to avoid motions and also how you can use them to your advantage. ( Very important: there are special rules for probate appeals. ) Final and Non-Final Orders When handling a matter a trial, the best time to consider an appeal is before your trial begins. Not after the judgment is entered. Are you ready for an appeal if you win? And, maybe more importantly, are you ready for an appeal if you lose? Can you anticipate issues which may be challenging? Like what issues? Evidentiary issues. Hearsay. Even jurisdictional issues. Most people know that you have 30 days for your Florida appellate lawyer to file an appeal. (There are unique and special rules for appealing rulings on attorneys fees.) What does that mean? Florida Appellate Lawyer An appeal is initiated under the Florida Rules of Appellate Procedure. A notice of appeal must filed in the trial court. Pay the filing fee at the District Court of Appeal and with the trial court’s clerk. Start to get the record sent up to the DCA. This means that you need everything in the court docket, and used by the judge, which addresses, or deals with, what you believe is error. This may be more than just the court-filed documents. So, if there was a hearing […]

Many lawyers incorrectly assume they automatically have a Florida charging lien. Here’s what you need to know about this weird legal concept. To read more about this topic for free, you can CLICK HERE. Florida Charging Lien Some lawyers in Florida let a client “float” and not pay their bills for a while. Others are more “business-focused” and want invoices paid monthly. Many lawyers will file a motion to withdraw when they don’t get paid, or are fired by the client. Regardless. When a lawyer ceases work, and she is owed money, what can she do? Most lawyers file a charging lien. (For a short free video: click here). Some have said that there are 4 elements to a charging lien. Often, those elements can be demonstrated, or proven, by a legal services contract and simple emails (notices and communication). Attorney John Pankauski, managing partner of Pankauski Lazarus, gave a Florida Bar-approved continuing legal education course webinar on this subject. Understanding Florida Law A recent 4th District Court of Appeal opinion dealt with this issue. (scroll to Case 22-1827 to read it for free). This recent Florida charging lien cases involved a contingency fee. There are distinct differences for charging liens for CONTINGENCY cases vs. so-called “hourly” cases. And if a client fires the lawyer, was it “for cause” or not? A fired attorney, and the successor counsel, may need to resolve “who gets what”. Often times, the discharged, fired or withdrawn attorney will file a notice of charging lien […]

Dealing with a Lis Pendens Florida? Need to preserve your rights? Read a new opinion on this Florida Real Estate Legal topic to learn just about all you need to know . For a free legal video on this subject you can also CLICK HERE. (no one will ask you for your name or any data or information) A lis pendens Florida may be needed to assert your rights to real estate. #lispendensflorida Real Estate Litigation in Florida There are a lot of disputes regarding Florida real estate. Sometimes, a closing does not go as planned. The buyer and the seller have a disagreement after signing the purchase and sale contract. Which shouldn’t happen, right? After all, that’s why you put things in writing in the first place. But, sometimes a real estate contract just doesn’t address certain issues or rights. But, more often then not, lots of probate disputes involve real estate. Especially homestead. Especially when someone like an heir or a personal representative of an estate is trying to sell the real estate quickly. Maybe they did not give you notice. Maybe it’s really supposed to be YOUR real estate. And when you are “fighting” about homestead litigation or real estate litigation, everyone wants to know about a lis pendens. Lis Pendens Florida To read about the statute in Florida, click: Florida Statute 48.23. To read a new 3rd DCA opinion on this subject, click here. Scroll to case 23-1180 dated 8/30/2023. Here is a list of “bullet […]

A will litigation lawyer Florida may be needed to assist getting your inheritance. But before you start interviewing, here are some insights that may prove helpful. (To learn more about the Florida probate process, you can click this link.) Where’s my inheritance? Ever wonder why it takes some trustees so long to get your inheritance to you? Beneficiaries and family members sure do ! Same question about estate executors or personal representatives. I can’t tell you how many prospective clients call our firm each week complaining about their fiduciary. Did you know that an estate is supposed to be administered “expeditiously?” Common complaints which are repeated over and over again: Will Litigation Lawyer Florida So, do you know the signs of a “good” one? (I know, I know…. what’s “good”?) Here are some considerations . Some questions to ask when you are interviewing attorneys to assist you with your Florida estate or probate matter. Remember: try to interview as many as you have time for.

A will lawyer Florida may be needed to help you get your inheritance. Here are the 3 ways to navigate receiving your inheritance. (Hint: one involves hiring your own probate litigator, although that may not be necessary.) What does a will lawyer Florida do? (what do you NEED?) A will lawyer Florida typically deals with the “disposition of assets at death.” One who is knowledgeable about the transfer and receipt of plain, simple, expensive and unique assets and properties at death. Beneficiary rights. Obligations of a trustee or executor. That’s a fancy way of saying one deals with dirt, dollars & death! (For short legal blog on who inherits at death, click that link. It’s free, fast and no “cookies” or data collection.) Wills. (And, of course, such other, so-called, “dispositive vehicles” like a revocable living trust, or pay-n-death or transfer-on-death accounts.) Why? Well, the rules are different for giving property when one dies. During life, right?, I can give my property to whoever I want in any way I choose. But the rules are different when we pass. The rules change when you die Death changes everything, right? There’s the Florida Probate Rules, the Florida Rules of Civil Procedure and of course the Probate Code. (For the rules, just go to the Florida Bar website, www.FloridaBar.org, and they are there for free.) Don’t get mad at me ! I didn’t write them or create them. Our legislature did. And those statutes, and those rules, are the guiding light to […]