1-561-514-0900 FREE CONSULTATION

Yearly Archives: 2020

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 Sep 4, 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 […]

READ MORE

Florida Divorce Lawsuits, Marital Assets, and Inheritances

Uncategorized Sep 3, 2020
post about Florida Divorce Lawsuits, Marital Assets, and Inheritances

What do Miami divorces have to do with probate matters? What does a divorce have to do with inheritances? Should I have a prenuptial agreement drafted by a Miami attorney? Why should I spend the money to get a prenup when I love my future wife and want to be with her forever? What do Miami Beach probate litigators need to know about prenups and inheritances? If you inherit money during your marriage, is it automatically considered a marital asset? Miami Prenups and Inheritances Did you know that a prenup can protect your inheritance from your spouse in the case of death or divorce? In a prenup, a person can specify how to divide up the marital property. In addition, it can help to ensure that inheritances and certain accounts are not deemed marital assets during a divorce proceeding. Marital Assets in Florida Florida’s equitable distribution statute explains what is to be considered marital assets and what is to be considered nonmarital assets in a Florida divorce. The statute provides the following in part: (a) 1. “Marital assets and liabilities” include: a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them. b. The enhancement in value and appreciation of nonmarital assets resulting either from efforts of either party during the marriage or from contribution to or expenditure thereon of marital funds or other forms of marital assets, or both. c. Interspousal gifts during the marriage. Is a bank account acquired prior to marriage a marital asset? Is a Miami trust fund inherited by one spouse during […]

READ MORE

FREE CLE WEBINAR FOR Florida LAWYERS: SEPTEMBER 11,2020

Uncategorized Sep 1, 2020
post about FREE CLE WEBINAR FOR Florida LAWYERS: SEPTEMBER 11,2020

Pankauski Hauser Lazarus is offering Continuing Legal Education (CLE) webinars, which are approved by the Florida Bar. Pankauski Hauser Lazarus exclusively represents clients in matters involving disputes, trials and appeals surrounding estates, business, wills and probate litigation. All CLE webinars are sponsored by Pankauski Hauser Lazarus and FREE to Florida Bar members. Are You a Miami or Palm Beach Lawyer in Need of Technology CLE Credits? On September 11, 2020 at 12:00 p.m., Pankauski Hauser Lazarus PLLC will be offering a FREE, 1 credit hour CLE on preserving and collecting client email for litigation, led by attorney Andrew Kwan. This webinar is approved by The Florida Bar for 1 technology credit or 1 general credit.  E-Discovery in the Real World – Preserving and Collecting Client Email for Litigation WHEN: Friday, September 11, 2020, 12:00 p.m.-12:50 p.m. WHERE: Online via Zoom. REGISTRATION REQUIRED: To register for this CLE webinar, click here. Once registered, you will receive an email with the link to join the webinar.  If you have any questions, or need more information, please email Amanda@phflorida.com.

READ MORE

Florida Surviving Spouse Rights and The Importance of Timely Filings

Uncategorized Sep 1, 2020
post about Florida Surviving Spouse Rights and The Importance of Timely Filings

Has your wife or husband recently passed away in Florida? Are you a surviving spouse? Have you hired a West Palm Beach probate lawyer to help you get your inheritance? Did you know that surviving spouses in Florida have many valuable inheritance rights? If you are the surviving spouse in an inheritance dispute in Florida, you may want to read Florida Statute 732.401 and a March 15, 2019 Second DCA opinion, Samad v. Pla. Don’t Sit On Your Rights Florida probate lawyers know that surviving spouses in Florida have many inheritance rights. However, it is important to act on those rights, and act quickly. John Pankauski, managing law partner at Pankauski Hauser Lazarus, always reminds prospective and current clients that the law doesn’t reward those who sit on their rights! In Florida probate proceedings, there are many deadlines that must be met. For example, surviving spouses must make certain elections within a certain time frame. In addition, objections or filings must be filed timely. In order to know the exact deadlines, you must be familiar with the Florida Statutes. This is why hiring an experienced probate or inheritance attorney, who handles probate matters all day every day, is a good idea. What happens if you miss a deadline? You may be out of luck! Florida Statute 732.401 Florida Statute 732.401 explains that a surviving spouse in Florida takes a life estate in the homestead property UNLESS the surviving spouse elects to, instead, take an undivided one-half interest in the homestead […]

READ MORE

Enforcing a Settlement Agreement in Florida

Uncategorized Aug 31, 2020
post about Enforcing a Settlement Agreement in Florida

What is a settlement agreement? What should you know before signing a settlement agreement in West Palm Beach? What should your Florida trial lawyer tell you before you decide to enter into a settlement agreement? What happens if you do not comply with the terms you agreed to in a settlement agreement? In Florida, how can you compel compliance with a settlement agreement? West Palm Beach Probate Lawyers and Settlement Agreements At Pankauski Hauser Lazarus, our attorneys handle probate litigation and civil appeals throughout Florida. Although probate litigators frequent the courtroom, they must also handle other aspects of litigation. For example, outside of the courtroom, experienced trial lawyers prepare for depositions, negotiate settlement agreements, prepare petitions, etc. Another part of a Florida estate lawyer’s job is to provide client’s with legal options. Some clients choose to be more aggressive than others. For example, some clients want to have their day in court at a trial, while others prefer to end their inheritance dispute as quickly as possible. Some trust, estate, and business lawsuits are resolved with a settlement agreement. An experienced probate lawyer can help you to negotiate settlement terms, explain to you what the terms in the agreement actually mean (prior to you signing), and ensure that the settlement agreement is executed properly. Enforcing a Settlement Agreement in Florida Did you sign a settlement agreement to end a recent Florida probate lawsuit? Has the other side complied with the settlement agreement terms? When people enter into a settlement agreement in […]

READ MORE

Florida Appellate Lawyers and Injunctions

Uncategorized Aug 28, 2020
post about Florida Appellate Lawyers and Injunctions

What is a Florida appeal? When do I need to hire a Florida appellate attorney? Can I appeal a circuit court’s order? Can a court orally promise something and then say something different in their written order? Florida Injunctions and Appeals Florida guardianship lawyers 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, guardianship lawyers may file other petitions for injunction if the situation deems necessary. Guardianship litigation or Florida 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 Florida appellate attorney. Hiring a Florida Injunction Lawyer If you are in the process of hiring a Florida litigation 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 West Palm Beach injunction lawsuit and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is knowledgeable about both the Florida Rules of Appellate […]

READ MORE

Voluntary Dismissal of Florida Lawsuits

Uncategorized Aug 27, 2020
post about Voluntary Dismissal of Florida Lawsuits

Are you involved in a lawsuit in Florida? What is a voluntary dismissal? What should your Florida business lawyer or probate lawyer tell you before you decide to voluntarily dismiss a lawsuit? How does a voluntary dismissal affect an appeal? Can you agree to voluntarily dismiss a case in a settlement agreement?In Florida, can you appeal a trial court’s order after you voluntarily dismissed your lawsuit? Florida Trial Lawyers and Settlement Agreements At Pankauski Hauser Lazarus, our West Palm beach attorneys handle litigation and appeals throughout Florida. Although trial lawyers frequent the courtroom, they must also handle other aspects of litigation. For example, outside of the courtroom, experienced litigators prepare for depositions, negotiate settlement agreements, prepare petitions, etc. Another part of a probate litigator’s job is to provide client’s with legal options. Some clients choose to be more aggressive than others. For example, some clients are dead set on taking their Florida trust lawsuit to trial, while others prefer to settle or end their Palm Beach estate lawsuit as quickly as possible. Some probate or business lawsuits are resolved with a settlement agreement. An experienced Florida litigation lawyer can help you to negotiate settlement terms, explain to you what the terms in the agreement actually mean (prior to you signing), and ensure that the settlement agreement is executed properly. Enforcing a Florida Settlement Agreement What happens if you sign a settlement agreement and then do not comply with the terms? Oftentimes, West Palm Beach probate lawyers will seek approval of […]

READ MORE

Florida Appellate Lawyers and Guardianship Cases

Uncategorized Aug 26, 2020
post about Florida Appellate Lawyers and Guardianship Cases

What is an appeal? When might I need a Florida appellate attorney in my guardianship case? When do you need to hire a Florida appellate attorney? What guardianship orders are appealable? What can I do if I do not agree with a judgment issued in my West Palm Beach guardianship proceeding?How can guardianship litigation lead to a guardianship appeal? Florida Guardianship Litigation and Appeals Florida guardianship lawyers know that some guardianship proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring Florida Guardianship and Appellate Lawyers If you are in the process of hiring a Florida law firm to assist you with guardianship 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 guardianship world, appeals do occur. What if you win a lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and Florida Guardianships, ready to assist. At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist […]

READ MORE

Florida Trust Appeals and Evidentiary Hearings

Uncategorized Aug 25, 2020
post about Florida Trust Appeals and Evidentiary Hearings

What is an appeal? When might I need a Florida appellate attorney in my trust lawsuit? What does an evidentiary hearing have to do with an appeal? When is an evidentiary hearing required in a trust lawsuit in Florida? How should I choose a Florida appellate attorney to assist me with an appeal? Palm Beach Trust Litigation and Appeals Trust lawsuits are common in Florida. Frequently, beneficiaries sue trustees . For example, a beneficiary may sue a trustee after the trustee fails to provide an accounting or if they believe the trustee has stolen money from the trust. Beneficiaries in Florida have many rights. If the trustee is not properly upholding his or her duty as trustee, a lawsuit may be necessary. Florida probate lawyers know that some trust and estates proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring Florida Trust and Estate Litigators and Appellate Lawyers If you are the beneficiary of a Florida trust, and you are in the process of hiring a Florida law firm to assist you with trust litigation, you may want to look for a law firm that is experienced in both trust litigation and appeals. In the early stages of litigation, many people fail to consider […]

READ MORE

Florida Appeals and Voluntary Dismissal

Uncategorized Aug 24, 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 […]

READ MORE

Page 1 of 612345...Last »