What is Florida Statute 732.102? What should Florida probate attorneys handling West Palm Beach estate litigation know about this statute? Do you have to be legally married to the decedent at the time of his death to be deemed the surviving spouse? Is a surviving spouse in Florida entitled to his or her deceased spouse’s property? If you believe you are entitled, as a surviving spouse, to a Florida estate, you may want to read a March 2017 Second DCA opinion, Cohen v. Shushan. You should especially read this opinion if the marriage between you and the decedent is only recognized in a foreign country.

What is financial exploitation of the elderly? Did you know that Florida probate litigators frequently encounter cases involving financial exploitation of the elderly? Has an elderly friend or family member been taken advantage of?  How can a guardianship attorney help you with your financial exploitation case? If you believe someone close to you is being financially exploited by a caretaker, financial adviser, friend, or relative, please feel free to call us for a free consultation at (561)279-6344 Ext.101.

What does Rule 4-3.7 have to do with a motion to disqualify? What should West Palm Beach probate lawyers know about motions to disqualify? When should a motion to disqualify be granted? Under what circumstances should a West Palm Beach lawyer be disqualified? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.

What are some general duties that a Florida trustee MUST do? What should your trust litigator in West Palm Beach know about these duties? If a trustee in Florida fails to fulfill their duties you may have an action for breach of fiduciary duty of the trustee, and be entitled to cash damages. 

What is a trust protector? What should West Palm Beach estate lawyers know about trust protectors? Can a trust protector amend an Orlando trust? When are trust protectors present in trust lawsuits? A “trust protector” acts to restrain and guide a trustee of a trust in its administration. How do trust protectors change trust litigation and trust administration in West Palm Beach?

If you ask any estate litigation attorney, they will tell you that Florida probate court judges focus repeatedly on one thing: the intent of the decedent. What was the intent of the person who died, and how was that intent expressed in their Palm Beach or Delray Beach will? What if the intent of the decedent is not clear in the Florida will? Can evidence be used to prove what the testator, or person who wrote the will, wanted? Can the Palm Beach estate planning attorney who drafted the will testify in probate court? Can your estate or trust lawyer depose the witnesses who watched the testator sign his or her will?

Is changing your estate plan appropriate? Did your sibling unduly influence your parents to change their estate plan? Do you need a probate litigator? A brother sues his sisters in a June 6, 2017 opinion from the Court of Appeals of Georgia, Slosberg v. Giller. This case, although it is not a Florida probate case, is a great example of a trust and estates lawsuit involving undue influence, sibling rivalry, and an aggressive family dispute. It shows just how quickly loved ones can turn against each other when money comes into play.

If my husband dies, am I entitled to any of his Florida property or money? Can my wife leave her Florida home to someone else in her will or trust? Does a surviving spouse have rights according to Florida probate law? Can my husband leave me and our minor children nothing? What rights do I have as a spouse in Florida? How do I prove that I am the surviving spouse of the decedent? What if I am recognized as married to the decedent  in a foreign country but not here in Florida? If you believe you are entitled as a surviving spouse to a Florida estate, you may want to read a March 2017 Second DCA opinion, Cohen v. Shushan. You should especially read this opinion if the marriage between you and the decedent is only recognized in a foreign country.

What is a “Notice of Limited Appearance”? When do West Palm Beach probate lawyers file these notices? What do they mean? What should trust and estates attorneys know about rule 5.030 (b)? What does it mean if a Florida attorney has a limited appearance in a guardianship case? When are notices of limited appearance filed in probate or trust litigation?

On March 1st, 2017, Pankauski Hauser partner John Pankauski completed a trial on the issue of reasonable compensation for a personal representative’s attorney whose work ended prior to complete estate administration. The trial took place in the Delray Beach Probate Court, before the Honorable Howard Coates.