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Yearly Archives: 2020

Do You Need Legal Representation in Your Miami Guardianship Case?

Uncategorized Dec 20, 2020
post about Do You Need Legal Representation in Your Miami Guardianship Case?

Are you involved in Miami guardianship litigation? Are you a family member trying to become the guardian or prevent someone from being guardian? If you understand the difference between an “elder law attorney” and a serious guardianship trial lawyer, you are on your way to understanding Florida guardianship law! http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html Adults Guardianships in Miami At Pankauski Hauser Lazarus, we handle many guardianship cases throughout Florida. When people hear the word ” guardianship”, they tend to think of minors. However, our firm handles guardianships over adults, not minors. Adult guardianships in Florida are frequently filed by friends or family members who believe that someone is incapacitated and can’t care for him or herself. For example, a daughter may choose to file for guardianship of her mom who is struggling from severe Alzheimer’s or dementia. In certain circumstances, adults may be deemed incompetent, or in need of a guardian, if a disability or mental illness is preventing them from being able to carry out daily life tasks and/or make financial decisions. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Dade County or anywhere in Florida, you should refer to this chapter of the Florida Statutes. You should also consider interviewing an experienced Miami guardianship lawyer. Types of Adult Guardianship in Miami There are different types of adult guardianships in Florida. Your Florida lawyer can tell you that there are limited guardianships and plenary guardianships. A limited guardianship allows […]

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Divorce and Inheritance Rights in Florida

Uncategorized Dec 17, 2020
post about Divorce and Inheritance Rights in Florida

If you are divorced, can you still inherit from your ex-spouse under his or her Florida will? How does divorce affect inheritance rights in Florida? What if an ex-spouse is a beneficiary named in the decedent’s Florida will? Does it matter if my ex-wife wrote her will before we got married rather than during our marriage?  How can divorce affect an inheritance? Did you know that getting a divorce could have a substantial effect on your inheritance rights in Florida? Palm Beach probate lawyers know that certain probate statutes limit the inheritance rights of ex-spouses in Florida. Frequently, trust and estates litigators, like the lawyers here at Pankauski Hauser, encounter cases involving ex-spouses who believe they should be inheriting what had been left to them in a will that was written during their marriage. Is that ex-spouse entitled to inherit from his or her former spouse’s Florida will even though they got a divorce? This answer can prove to be tricky, and it depends on several factors. For example, one factor to be considered is whether the will was created BEFORE the marriage or DURING the marriage. Therefore, if you are getting a divorce in West Palm Beach or anywhere in Florida, you may wish to speak to your divorce lawyers and estate lawyers about this. You may also wish to read Florida Statute 732.507(2). What is Florida Statute 732.507? If you are the ex-spouse of a decedent, and you are named in the decedent’s Florida will, you may still be out […]

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Miami Guardianship Litigation and the Removal of Rights

Uncategorized Dec 16, 2020

If I am subject of a guardianship in Miami, does that mean I do not have the right to make any decisions for myself? What rights can a guardianship take away from a person deemed incapacitated in Florida? What is a ward in a Florida guardianship? All of these are good and serious questions which experienced Guardianship Litigators deal with in court every day. Can a ward get married? Can a ward vote? Can a ward hire his or her own attorney? Guardianships are serious as certain rights can be taken away from a person deemed incapacitated. If you are considering petitioning for guardianship over someone, you may want to read Florida Statute 744.3215. Florida Guardianship Law 744.3215 This Florida statute is very important as it outlines the rights a person determined incapacitated retains and which rights can be removed. Here are rights that can be removed by a guardianship court in Florida: 1) right to marry 2) right to enter into a contract 3) right to vote 4) right to personally apply for government benefits 5) right to have a driver license 6) right to travel 7) right to seek or retain employment 4) right to sue and defend lawsuits 5) right to manage property or to make any gift or disposition of property 6) right to determine his or her residence 7) right to consent to medical and mental health treatment 8) right make decisions about his or her social environment or other social aspects of his or her life. […]

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Florida Trust Lawsuits and Attorney-Client Privilege

Uncategorized Dec 15, 2020
post about Florida Trust Lawsuits and Attorney-Client Privilege

What is attorney-client privilege? What does attorney- client privilege have to do with a Florida trust lawsuit? What should I know about attorney-client privilege if I am involved in West Palm Beach litigation? Can the other side request documents directly from my Florida trust lawyer? Can a Florida trial court compel my probate law firm to disclose records of a trust or estate? These are all issues which John Pankauski and his team of trust experts deal with each week. He should know, after all, Pankauski wrote the book: Pankauski’s Trustee’s Guide: 10 Steps to Family Trustee Excellence. Attorney-Client Privilege and Discovery Disputes regarding attorney-client privilege may occur during a Florida trust or probate lawsuit. This is because, during inheritance litigation, trust beneficiaries, and other party’s to the lawsuit, usually have their Florida lawyer conduct extensive discovery. During discovery, a party to a trust lawsuit may request the disclosure of financial documents. A party may also try to request other documents from the law firm that represents the trustee or opposing party, including email communications, internal notes about the case, etc. Can a Florida law firm just hand over documents to the other side without the consent of his or her client? Florida Statute 90.502 Attorney-Client Privilege can prove to be a very valuable privilege during litigation. It can protect you from having to disclose certain confidential information. It is important that you become familiar with your rights regarding attorney-client privilege. Your West Palm Beach trust attorney should be able […]

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Florida Family Law and Inheritances: If I Inherit a Car During My Marriage, Will It be Classified As A Marital Asset If I Get Divorced?

Uncategorized Dec 13, 2020
post about Florida Family Law and Inheritances: If I Inherit a Car During My Marriage, Will It be Classified As A Marital Asset If I Get Divorced?

Have you inherited a trust or vehicle from a Florida estate? Were you married at the time you received an inheritance in Florida? What happens if your mom passes away in Miami and leaves you a car prior to a divorce? What does Florida probate law have to do with Miami family law cases? When do I need to hire a Miami civil appellate attorney? Hiring Miami Litigators and Appellate Lawyers If you are in the process of hiring a Florida law firm to assist you with Miami probate litigation, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur. What if you win a trust or divorce lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about the Florida Rules of Appellate Procedure and familiar with the Florida appeals courts. At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice. Florida’s Equitable Distribution Statute and Inheritances If you want to know what is considered to be a marital asset in Florida, you should read Florida’s equitable distribution statute. The statute provides the following in part: (a) 1. “Marital assets and liabilities” include: a. Assets acquired and liabilities incurred during […]

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Miami Inheritances and Alimony

Uncategorized Dec 7, 2020
post about Miami Inheritances and Alimony

What do Miami family law or alimony modification lawsuits have to do with Florida inheritance matters? Why are Florida divorce cases relevant to probate cases? What do South Beach estate litigators need to know about prenups and alimony? How important is it to hire an experienced Miami Beach appellate attorney for an alimony appeal? How can an appellate attorney help me to appeal a court order denying an alimony modification? Miami Prenups and Inheritances Your Miami estate planning lawyer or probate attorney can tell you that a prenuptial agreement (prenup) can protect your inheritance from your spouse in the case of death or divorce. In a prenup, you can specify how to divide up property and inheritances at the end of a marriage. Miami family law and probate lawyers know that inherited assets can be considered in the award of alimony. However, by fixing the term and amount of alimony in a prenup, entangling an inheritance with a divorce can be avoided. In the case of death, inherited assets are treated just as any other asset. Therefore, in the absence of a prenup, inherited assets are subject to spousal claims just like any other asset. If you don’t have a prenup, you may find yourself needing to hire a Miami family law attorney to represent you in an alimony battle, a probate attorney to fight for your inheritance, and even a West Palm Beach appellate attorney if the modification lawsuit leads to an appeal. Florida Alimony Modification Appeals If you are involved in alimony litigation, or questioning whether or not you should […]

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Florida Appeals and Voluntary Dismissal

Uncategorized Dec 2, 2020
post about Florida Appeals and Voluntary Dismissal

What is an appeal? When can you file an appeal in Florida? When do you need to consult with a West Palm Beach appellate attorney? What does the voluntary dismissal of a lawsuit have to do with an appeal? If you voluntarily dismiss a Florida probate lawsuit, can you later appeal a trial court ruling that occurred during that lawsuit? Why is it important to consider the possibility of an appeal during litigation? Florida Inheritance Litigation and Civil Appeals Florida lawyers know that some trust or estate cases can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. Also, if you win a Florida probate case, the other side may choose to appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. If you are in the process of hiring a Florida law firm to assist you with probate or trust litigation, you may want to look for a firm that is experienced in both litigation and appeals. If you hire a law firm that limits its practice to civil litigation and appeals, you may end up at advantage. Florida attorneys with both litigation and appellate experience know what to do during trial to ensure that issues are preserved for appeal. In addition, having experienced trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during an appeal due to the fact […]

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Palm Beach Appellate Lawyers and Alimony Modifications

Uncategorized Dec 2, 2020
post about Palm Beach Appellate Lawyers and Alimony Modifications

What is a Florida appeal? When do you need to hire a Palm Beach appellate attorney? What probate or family law orders are appealable? How can a Palm Beach appellate attorney help me with an alimony modification? When would I need an appellate lawyer in a Florida family law case? What should I look for when hiring a Florida appellate lawyer? Florida Civil Appeals Florida lawyers know that some civil law cases can lead to an appeal. Civil law matters include probate cases, divorce and custody battles, business disputes, real estate lawsuits, etc. If you disagree with a final judgment or order in your civil lawsuit, you may be able to file an appeal. If you win a case, the other side may appeal. Therefore, it’s important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring a Florida Appellate Lawyer For Your Family Law Appeal If you are in the process of hiring a Florida appellate law firm for your family law or probate appeal, you may want to look for a law firm with extensive experience in handling civil appeals. Does the West Palm Beach appellate attorney you are interviewing have over twenty years of experience? How many appellate briefs have they written? How many appellate briefs have they answered? What type of appeals do they handle? At Pankauski Hauser Lazarus, our law partners have over twenty years of experience practicing Florida law. Also, our firm limits its practice to civil litigation and […]

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Miami Appeals and Injunctions

Uncategorized Dec 1, 2020
post about Miami Appeals and Injunctions

What is an appeal? When should I interview an experienced Miami appellate attorney? Can I appeal a probate order? Can I appeal a final judgment in my divorce lawsuit or business dispute? What if a Miami court tells me one thing but the official order says another? You should consider reading a recent opinion, Soldatich v. Jones to learn more. Miami Injunctions and Adult Guardianships Miami guardianship attorneys are sometimes hired to file a petition for injunction against exploitation of a vulnerable adult per section 825.1035 of the Florida Statutes. In addition, a Miami lawyer may be needed file other petitions for injunction if the situation deems necessary. Guardianship litigation or Miami injunction lawsuits can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. It’s also important to note that, if you win your case, the other side may appeal. Therefore, it’s smart to anticipate the possibility of having to hire an experienced Miami appellate attorney. Hiring a Miami Injunction Attorney If you are in the process of hiring a Miami law firm to file a petition for injunction on your behalf, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, as any litigator can tell you, appeals do occur. What if you win your Miami injunction lawsuit and the other […]

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Is An Adult Guardianship Necessary?

Uncategorized Dec 1, 2020

Are you considering filing for guardianship over a loved one? Do you have an elderly parent or grandparent who is no longer able to care for himself or herself? Do you wish to file a petition for limited guardianship or a petition for plenary guardianship? Have you considered other options? Can a Miami guardianship lawyer help me to evaluate whether or not I should file a petition for guardianship? Guardianships in Florida At Pankauski Hauser Lazarus, we frequently encounter family members who are concerned about elderly relatives and wish to file guardianships. However, it is important to consider all of the facts prior to petitioning. Is the person you are concerned about incapacitated? Does he or she suffer from dementia or Alzheimer’s? Does the person go to the grocery store and bank on his or her own or require assistance? Is the person taking care of him or herself? Also, it is important to consider the costs of filing a guardianship. Guardianship litigation can become pricy, especially if the guardianship is contested. Will your brother or sister fight you for guardianship of your mom? Chapter 744 Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Miami, or anywhere in Florida, you should refer to this chapter. An experienced Florida guardianship attorney can help explain what the statutes mean, and also help you to understand your options. Lesser Restrictive Alternatives Miami guardianship courts take guardianship proceedings seriously because […]

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