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 […]

Florida has some very valuable property rights at death. One of the most common, litigated and valuable are the homestead rights to a Florida residence. Especially if you are a widow or surviving spouse. You Inherit More Thank You Think Florida Homestead – 6 months to get half the sale money for a widow Every Florida probate lawyer from Miami to Palm Beach knows that the homestead rights of a spouse can be very, very valuable. But, did you know that one of the most valuable probate rights that a widow has must be exercised within six months of death? That’s right. In Florida, a surviving spouse has a right to make an ELECTION to get half of the homestead sale proceeds.  Yup: sell the house, and take half. Therefore, if your wife or husband dies with a $5 million condo on the ocean in Sunny Isles or Aventura, you can ask for $2.5 million. BUT, you only have 6 months to make a proper election under Florida Probate Code Section Florida Statute 732.401. Surviving Spouse = special rights to inheritance Surviving Spouse Homestead Rights in Florida 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 as tenants in common. This Florida rule is very important to be familiar with if you are the surviving spouse, and there is a homestead property in Miami or West Palm […]

Are you in a lawsuit where business records are at issue? Like a Florida trust case involving bank account statements or cell phone records? Then you may need to satisfy what Florida probate lawyers call the “business records exception” before the court will even let the documents into evidence. Failing to meet the requirements of the business records exception found in Section 90.803 of the Florida Evidence Code (which you can view for free here) could sink your case. Last month, the Florida Supreme Court decided an important foreclosure case on the business records exception, overturning a prior Florida appeals court case. Read on to hear what Palm Beach trial lawyers have to say about this important case and the business records exception. What is “hearsay” and why does it matter? “Hearsay” is any statement, except for the testimony of a live witness, which is offered to a court in order to prove that what the statement says is true.  Hearsay is defined by Florida Statutes Section 90.801, which you can view for free here. Hearsay is generally inadmissible and will NOT be considered by a court unless there is an exception to the hearsay rule. For example, in an auto accident case that depends on proving whether a traffic light was red or green, a witness can testify that she saw that the light was red. However, that same witness would NOT be allowed to testify that a police officer told her that the light was red. Why the […]

On August 12, 2020, The New York Times reported that renowned media mogul Sumner Redstone had passed away. He was best known for his ownership roles at both Viacom and CBS, which today are merged as ViacomCBS. Who will fight over Redstone’s wealth in probate court? What does his estate consist of? Who will inherit? Lawsuits Regarding Mental Capacity and Inheritance During his lifetime, Redstone was frequently involved in litigation. Litigation regarding his massive estate had already began prior to his death. For example, Sumner was involved in a long legal battle with a former girlfriend, Menuela Herzer. Here, Herzer challenged his mental capacity. She had originally been a beneficiary in his will and, according to a recent article in the The New York Times, she stood to inherit as much as $50 million, plus his Beverly Hills house, before she was removed from his will. In Florida, according to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a will or trust. Therefore, at the time of an estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed.” In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399. How do you challenge a Florida estate plan change if someone is not competent? Proving that someone lacked the mental capacity to change their Florida […]

Are you owed money or property from someone who is deceased?  Do you need to file a Florida estate lawsuit against a deceased person?  If so, you may need to file what West Palm Beach probate lawyers call a “statement of claim” with the court handling the estate.    For more on that, you can check out the Florida Probate Code for free.  Read about Florida creditor claims by clicking here. A recent Florida appeals case in a probate tells us more about making a claim to get property from a Florida estate. But, what if you inherit from a trust? Ask your Miami estate litigator about the “trust exception” under Florida probate law. What is a statement of claim? If you are owed money or have rights against a Florida resident, then you may be what Palm Beach estate lawyers call a “creditor.”  If you are owed something, you may have less time to make a claim then you realize.  Read Florida Probate Law 733.702 on creditor claims to find out how much time you have. A statement of claim is a document filed by a “creditor” of a deceased person.  You don’t need to have a lawyer to file a statement of claim.  A probate statement of claim notifies the estate of the amount and nature of the claim.  Florida law has several requirements that must be followed to ensure the claim is validity made.  For example, statements of claim must be in a certain form, filed with the […]

What is a petition for certiorari? How are petitions for certiorari different than appeals in Florida? When can you file a petition for certiorari in your Florida probate lawsuit? What must you demonstrate to invoke the relief of certiorari in a trust and estates lawsuit? When should you seek certiorari review in a West Palm Beach trust case? Certiorari Review and Florida Estate Lawsuits During Florida trust litigation, or during a probate lawsuit, you may disagree with a trial court’s order.Can you do anything about the order while the lawsuit is still going on, or do you have to wait to file an appeal? Generally, you can only appeal final orders. However, there are exceptions. In limited circumstances, your Florida trust lawyer can seek certiorari review of an order from the appellate court. Certiorari review only becomes an option when, during litigation, the trial court “departs from the essential requirements of law.” There are three requirements that must be demonstrated to invoke the relief of certiorari: 1) you have to establish a departure from the essential requirements of the law 2) resulting in material injury for the remainder of the case 3) the injury can’t be corrected on post-judgment appeal. Basically, you must prove that the trial court made a legal error that caused irreparable harm and, therefore, you need a remedy for it now. Invoking the Relief of Certiorari Invoking the relief of certiorari is difficult and your Palm Beach probate lawyer should be experienced and knowledgeable about the […]

What is a settlement agreement? When do settlement agreements come into play during a probate battle? Whens should you sign a settlement agreement? What should you know before signing a settlement agreement in Florida? What should your Miami trial lawyer tell you before you decide to enter into a settlement agreement? When does litigation occur to enforce a settlement agreement? What happens if you do not comply with the terms you agreed to in a settlement agreement? In Miami, how can you compel compliance with a settlement agreement? Florida Litigators and Settlement Agreements At Pankauski Hauser Lazarus, our attorneys handle civil litigation and appeals throughout Florida. Our trial attorneys handle probate, guardianship, and business disputes. The cities we practice in, to name a few, include Miami, Orlando, West Palm Beach, Delray Beach, and Fort Lauderdale. Although business 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 business 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 probate and business lawsuits are resolved with a settlement agreement. An experienced Florida lawyer can help you to negotiate settlement terms, explain to you what the terms in the agreement actually mean (prior to […]

Are you involved in a West Palm Beach trust lawsuit? Have you, as the beneficiary of a Palm Beach trust, recently sued a Florida trustee? Can a Florida court compel the disclosure of trust information? What must the court consider if financial information from a nonparty is requested? How should I choose a West Palm Beach lawyer for my complex Florida trust battle? Choosing a Palm Beach Trust Lawyer If you are the beneficiary of a trust, or even the trustee of a Florida trust, you may find yourself in need of a trust lawyer. Trust litigation happens often and having a powerful trust attorney representing you is important. When interviewing Florida lawyers for a trust lawsuit, you may want to consider how many years of experience the lawyer has practicing trust law. For example, has your lawyer just began practicing law or does he/she have over 20 years of experience like the partners at Pankauski Lazarus do. Also, you may want to make sure that your trust lawyer is extremely familiar with Florida’s Trust Code and the Florida Statutes pertaining to trust and civil lawsuits in Florida. Lastly, look for a lawyer who limits his or her practice. If trust and estate litigation and appeals is one of the firm’s main practice areas, the lawyers at the firm have probably been in front of a Florida judge in many other trust lawsuits. Trust Lawsuits and Evidentiary Hearings Florida trust lawsuits can involve many different issues and topics. For example, […]

Are you the beneficiary of a Florida trust? Has the trustee provided you with an accounting? Do you know how much the Florida trust you inherit from is worth? Do you believe that a trustee has stolen money from the trust? How can you compel the trustee of a Florida trust to disclose the trust’s financial records? When should you hire a West Palm Beach trust attorney? Florida Beneficiary Rights To Relevant Information Beneficiaries of a Palm beach trust have a right, under Florida probate and trust law, to “relevant information.” This includes a right to receive accountings. Therefore, when you are the beneficiary of a West Palm Beach or Miami trust, you have a right to request, from the trustee, an accounting of that trust. In Florida, trustees actually have a duty to provide an annual accounting. Florida Statute 736.0813 (d) says that “a trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 736.08135, from the date of the last accounting or, if none, from the date on which the trustee became accountable, to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee.” Trust Lawsuits in Florida If you are the beneficiary of a Florida trust, and you believe the trustee is hiding something, or has stolen money, you may decide to sue the trustee. The trustee has a duty to communicate certain information to the trust beneficiaries. If the trustee is ignoring your inquiries, refusing to provide you with […]

What is a Florida appeal? When do you need to hire a West Palm Beach appellate attorney? What probate or family law orders are appealable? How can an appellate attorney help me with an alimony modification? Florida Family Law Litigation and Appeals Florida lawyers know that some family law cases can lead to an appeal. If you disagree with a final judgment or order, 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 firm, 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? At Pankauski Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice. The appellate team at Pankauski Lazarus handles appeals in each and every district court of appeal in Florida.  Nangle v. Nangle If you are involved in alimony litigation, you may want to read Nangle v. Nangle, a December 18, 2019 Fourth DCA opinion. This case is a good example of how an alimony dispute can end up in a Florida appellate court. Here, the former husband appeals the […]