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Lawyer-Client Privilege and Florida Probate Litigation

Uncategorized Jun 20, 2018
post about Lawyer-Client Privilege and Florida Probate Litigation

What is Florida Statute 90.502? Is this an important part of Florida’s Evidence Code? What are the exceptions to the attorney-client privilege according to Florida Statute 90.52? What should my probate lawyer know about this statute? How does this statute pertain to my West Palm Beach probate lawsuit?

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Guardianship Appeals: You May Want to Read a May 2, 2018 Iowa Guardianship Appeal

Uncategorized Jun 20, 2018
post about Guardianship Appeals: You May Want to Read a May 2, 2018 Iowa Guardianship Appeal

Why would Florida probate lawyers want to read a guardianship appeal in Iowa? Probate lawyers tend to encounter similar fact patterns in their cases throughout the country. Therefore, even though we are discussing an Iowa opinion, not a Florida opinion, there is much to learn from it.  This particular appeal, In re Guardianship of Monkhouse, discusses a limited guardianship and what is required to show that a limited guardianship is necessary. 

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Probate Lawsuits: What Can We Learn From a Guardianship Case in Iowa?

Uncategorized Jun 19, 2018
post about Probate Lawsuits: What Can We Learn From a Guardianship Case in Iowa?

Florida guardianship attorneys know that guardianship litigation is booming. At Pankauski Hauser, we frequently handle cases in the guardianship courts throughout Florida. If an adult is deemed incompetent, perhaps due to a mental illness, he or she may need a guardian to help them with their finances, medical decisions, or even their every day tasks. A May 2, 2018 Iowa probate case discusses a limited guardianship. Although this is not a Florida opinion, West Palm Beach probate lawyers frequently encounter similar litigation. 

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Who Can Be The Executor or Personal Representative of a Florida Estate

Uncategorized Jun 19, 2018
post about Who Can Be The Executor or Personal Representative of a Florida Estate

What does the executor of an estate do? Is an “executor” the same thing as a “personal representative”? Who can serve as the executor of a Palm Beach estate? If your mom dies, how can you be appointed the executor of her estate by the West Palm Beach probate court? What should you probate litigator know about the qualification requirements of being an executor in Florida?

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Adoption and Florida Inheritances

Uncategorized Jun 19, 2018
post about Adoption and Florida Inheritances

Do adopted children inherit from the parents that adopted them? What about foster children? If I am adopted, can I still inherit from my biological father? A January 4, 2017  Court of Appeals of Texas opinion discusses trusts and adoption.

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Florida Guardianship Litigation: Is an Alleged Incapacitated Person Entitled to Counsel of His or Her Own Choosing?

Uncategorized Jun 18, 2018
post about Florida Guardianship Litigation:  Is an Alleged Incapacitated Person Entitled to Counsel of His or Her Own Choosing?

What is guardianship litigation in Florida? What should probate attorneys know about guardianship lawsuits? If an incapacity proceeding is filed, does the alleged incapacitated person have a right to counsel? Does the alleged incapacitated person have a right to choose their own counsel or do they only get a court appointed attorney? A May 16,2017 First DCA opinion discusses this issue.

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Orlando Probate Litigation: Formal Notice

Uncategorized Jun 18, 2018
post about Orlando Probate Litigation: Formal Notice

What is formal notice? When is formal notice required in Orlando probate litigation? What should Orlando probate and trust lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? 

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Attorneys Fees in Florida Guardianship Matters

Uncategorized Jun 18, 2018
post about Attorneys Fees in Florida Guardianship Matters

Pursuant to Palm Beach guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court in West Palm Beach and have a say in someone’s guardianship proceeding? If I am an interested person in a guardianship proceeding in Florida, who will pay attorneys fees? Will the ward have to pay all of the attorneys fees for everyone involved in a guardianship matter? What is a ward?

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