Join us TODAY, December 15, 2016 for a FREE webinar hosted by John Pankauski, managing partner at Pankauski Hauser PLLC. This course, Ethics for Probate Lawyers, is a one-hour ethics course worth 1 ETHICS CLE CREDIT. To join this webinar, click here. If you are unable to attend live, you will be able to watch it at www.phflorida.com until June 2017 to obtain credit.
On December 13, 2016, Alan Thicke died of a heart attack. He is best known for his role as the father on the very popular TV show “Growing Pains”. Who will inherit Alan Thicket’s wealth? How much was the popular actor worth? After learning of this unexpected death, it is hard not to wonder where his fortune is headed. The media has not yet reported whether or not he has died without a will. What does this mean for his family?
Every so often our probate judges in West Palm Beach rotate with other judges from other divisions in the Court. Typically these rotations or transfers happen in mid-January (although from time to time, there are mid-year changes and rotations, which are more of the “exception” to the standard practice).
What is Florida’s Slayer Statute? What does it have to do with Florida probate litigation? If I murder my spouse, can I still inherit from him or her? If I murder my girlfriend in Palm Beach, will I inherit her millions of dollars? What do Florida inheritance laws have to do with murder? If Dalia Dippolito had actually murdered her husband, would she have been able to inherit from her state as she allegedly intended?
It is shocking what some people will do for money. As John Pankauski states in Pankauski’s Probate Litigation Guide: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and – perhaps – while you’re still alive.” A Texas man allegedly murdered his grandmother for his inheritance. The media reports on December 6, 2016 that his murder trial has begun. Did his grandmother have a proper estate plan in place? Did he even inherit under the grandmother’s will? Can he still inherit if he is found guilty of murder?
What claims are required to be e-filed in Florida? Can a trust and estates attorney simply file claims electronically or do they need to mail them to the Palm Beach court house? What if a probate litigator only mails a creditor’s claim on behalf of a client, yet fails to file it electronically? You should read Florida Rules of Judicial Administration 2.520 and 2.525 to learn more about mandatory electronic filing.
According to a May 23, 2016 Forbes article, guardianships may not always be safe. What if the person who is appointed to be the guardian of your incapacitated mother is taking advantage of her, physically or financially? How do you know that the court appointed guardian of your father is going to work in the best interest of him? Guardianships are becoming more and more popular as people are living longer lives. Filing to be the guardian of your vulnerable mother with Alzheimer’s is definitely a way to insure that she is protected. The probate courts in Florida try to do what is best for the ward when appointing a guardian. However, sometimes, people become guardians for the wrong reasons. Furthermore, unfortunately, there have been cases of court appointed guardians financially exploiting and stealing from the ward.
What is financial exploitation of the elderly? What is elderly abuse? How can a guardianship attorney help with these types of cases? How can I protect my elderly dad from being financially exploited? Recently, the media reported about a case of elder abuse that occurred in North Carolina. This case involved a caretaker taking advantage of the elderly person she was paid to assist.
What is a durable power of attorney in Florida? Can it allow me to avoid a guardianship in Florida? Should I create a Florida estate plan in case I become incompetent? What is the difference between a guardianship and a power of attorney?
On November 1, 2016, Pankauski Hauser PLLC partner Rob Hauser argued before the Florida Supreme Court. Rob is Board Certified by the Florida Bar in Appellate Law. In addition to handling dozens of appeals for Pankauski Hauser PLLC, Rob is an outstanding resource for probate, family law, and trial attorneys, both during a trial and on appeal.