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Yearly Archives: 2018

Contempt of the Court and Trust Litigation

Uncategorized May 2, 2018
post about Contempt of the Court and Trust Litigation

Have you found yourself stuck in a crazy probate battle filled with emotion and lies? Is the other side bringing up false claims or lying under oath? Could they be found in contempt of the court? What can you do to stop them? If someone lies under oath or fails to follow a court order, they could be found in contempt of the court. In addition, their entire claim could be at risk for getting dismissed!

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Can a Palm Beach Estate be a Party to Florida Litigation?

Uncategorized May 2, 2018
post about Can a Palm Beach Estate be a Party to Florida Litigation?

Can an estate in Florida be a party to litigation? NO! According to a recent Second DCA case, Spradley v. Spradley, an estate is not an entity that can be a party to a Palm Beach lawsuit. So then how do I file a claim against someone’s estate? Who do I sue? How is my Florida probate attorney going to file a lawsuit against my mother’s estate if I am not able to sue it?

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In a Florida Probate Lawsuit, Can You File a Motion to Disqualify Opposing Counsel?

Uncategorized May 2, 2018
post about In a Florida Probate Lawsuit, Can You File a Motion to Disqualify Opposing Counsel?

Disqualification of a West Palm Beach trust lawyer is not very common in a Florida estate, probate or Florida trust case. However, trust and estate lawyers in West Palm Beach know that it is possible. How does a West Palm Beach attorney avoid being disqualified by a probate court?  How can a lawyer be disqualified in a Florida probate or guardianship case? You may want to read a recent Third DCA opinion, Lopez v. Flores. 

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Florida Probate Lawsuits: Entitlement to Attorneys Fees

Uncategorized May 1, 2018

“Getting” attorneys fees in a Florida probate lawsuit may seem easier than one thinks. After all, if you have a contract awarding the “prevailing party” attorneys fees, that seems simple enough, right?  Or, if you have a statute, a law, such as the attorney fees laws found in the Florida Probate Code or the Florida Trust Code, they seem straightforward, right?

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4 Things About Undue Influence in Florida You May Not Know

Uncategorized Apr 27, 2018
post about 4 Things About Undue Influence in Florida You May Not Know

Pankauski Hauser limits its practice to estate litigation, trust litigation, guardianship litigation, and civil appeals. Although we are located in West Palm Beach, we handle matters throughout the entire state of Florida. Are you involved in an undue influence lawsuit in Florida? Are you involved in a will contest or trust contest? Are allegations of undue influence flying around?

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Estate Planning Lawyers: does your legal services contract have a mandatory forum selection clause?

Uncategorized Apr 23, 2018
post about Estate Planning Lawyers: does your legal services contract have a mandatory forum selection clause?

Many lawyers with an estate planning or tax practice have out of state clients, who reside, own a business or residence in another state. If there is a disagreement between you and your client, could you be sued in another state? Or, to get paid, do you have to go to another state? Consider adding a mandatory forum selection clause to your legal services contract.

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