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Yearly Archives: 2013

FLORIDA REVOCABLE TRUST: an overview

Uncategorized Dec 26, 2013

Many Florida residents, or Florida citizens, create a revocable trust, also called a Florida living trust as a part of their estate plan. This is a trust which you create and control, which will manage the assets which you place in the trust during your lifetime and which will also dispose of your wealth upon your death. Typically, a person who creates a revocable trust will also serve as the trust’s sole trustee during life and as long as you are still able to serve in that role. You may or may not have co-trustees who serve along with you as trustee. When you no longer are able or willing to serve as trustee of your Florida revocable trust, successor trustees will take over for you.

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TRUSTEE REMOVED FROM FLORIDA TRUST IN PALM BEACH COUNTY, FLORIDA TRUST LAWSUIT

Uncategorized Dec 24, 2013

The Pankauski Law Firm PLLC successfully removed a Florida trustee from continuing to serve as trustee of a Florida trust. The West Palm Beach law firm, whose practice is limited to estate and trust matters, represented two Florida trustees seeking the removal of a third, co-trustee. The two co-trustees were successful, prevailing at a specially set, evidentiary hearing in the probate court which hears Florida trust matters in Palm Beach County, Florida. The hearing occurred in the probate court in the downtown West Palm Beach, Florida courthouse.

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TRUSTEE SUED OVER TRUST ASSETS TRANSFERED TO LIMITED PARTNERSHIP: a recent Nevada case questions jurisdiction and money judgment over former trustee

Uncategorized Dec 23, 2013

What if a trustee transfers, or sells, or gives away for that matter, trust property to a third party? And then the trustee resigns or no longer serves as trustee….. Can a trust beneficiary “go get” the trust assets which are now in the hands of the third party? Can a trust beneficiary sue the former trustee?

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EXECUTOR SUES JOINT BANK ACCOUNT HOLDER FOR TAKING MONEY: a recent estate litigation case of breach of fiduciary duty

Uncategorized Dec 23, 2013

In a classic case of joint bank account litigation, or what could be called bank account litigation, a joint tenant who withdrew funds after the death of a bank account owner was sued by the personal representative of the account owner’s estate. A very recent case out of Nebraska, decided literally days ago, sheds light on a very common form of estate litigation which goes on in Florida all the time.

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DOMA ON DEATH’S DOOR: Utah’s Ban on Gay Marriage Struck Down. Gay marriage court ruling paves way for Florida law to be struck down.

Uncategorized Dec 21, 2013

The Defense of Marriage Act, struck down by the U.S. Supreme Court in June of 2013, continues to die a slow death. DOMA is dying.  But DOMA is still around, in some form.   Another nail in DOMA’s coffin occured in Utah.  The Wall Street Journal, www.wsj.com, reports that “A federal judge on Friday struck down Utah’s ban on same sex marriage.”

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STEPDAUGHTER VS. STEPMOTHER: changing beneficiary of life insurance undue influence? Who inherits life insurance: daughter or ex spouse?

Uncategorized Dec 20, 2013

In March 1991, the owner of a life insurance policy issued by Met Life changed the beneficiary of the life insurance policy from his daughter to his ex spouse. Was this the product of undue influence? Should the beneficiary designation change be overturned? A recent Missouri federal case dealt with these issues and the issue of undue influence and changing the beneficiary designation of a life insurance policy.

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NEW MEXICO DEFIES DOMA: CREATES INHERITANCE AND ESTATE RIGHTS FOR GAY COUPLES AND SAME SEX MARRIAGES

Uncategorized Dec 20, 2013

The rights of same sex couples increased today, as the state of New Mexico weighed in on the “death” of DOMA.   According to the Santa Fe New Mexican: “the state Supreme Court ruled unanimously Thursday that it’s unconstitutional to deny marriage licenses to same-sex couples in New Mexico………….New Mexico joins 16 other states in allowing gay marriage through legislation, court rules or voter referendums.”

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