Were you supposed to inherit a Florida TOD account from a bank or financial company? Is the probate executor making a claim to your Florida TOD account? This recent federal case on Florida TOD accounts may prove helpful to understanding your rights. If you still have questions, be sure to find a litigation law firm that has experience trying TOD and pay on death cases, as well as handling TOD appeals. Federal Case Sheds Light on Florida TOD Accounts + Federal Court While most Florida probate lawyers only practice in state court, there are some expert probate litigators who also handle federal court cases in Florida. Just ask John Pankauski, Managing Member of the boutique firm Pankauski Lazarus PLLC. “We have a federal court trial in March of 2021 in the Middle District of Florida . 2020 was very busy for us in Federal Court in Florida. We had a few matters in the USDC Southern District of Florida.” Pankauski should know. After all, TOD accounts and pay on death bank accounts are a unique area of the law. “Look out for so called ‘probate’ lawyers who say they go to court, but who actually never try a case” warns Pankauski. “Don’t get me wrong. Mediation and settlement may make a lot of sense, but they are not for everyone.” he continues. “There are a lot of Florida probate lawyers who just want you to settle everything.” Well, needless to say, that’s not him. Florida TOD Accounts + Federal Court […]

A Florida TOD account is supposed to transfer the account, typically a bank or financial account, to the surviving owner. If transfer on death is so “easy”, why are so many family members and executors having a probate dispute over them? The owners are generally those whose names appear on the account title. That’s why probate litigation law firms issue subpoenas under Florida Rule of Civil Procedure 1.350 to attempt to obtain complete bank records. But, it is possible that the named beneficiary of the account does NOT inherit. To learn how a transfer on death account for a Florida bank account can go to probate or the estate, read on. What is a Florida Convenience Account? A Florida Convenience account is one of those things that is not what it says it is, jokes John Pankauski, Managing Partner of Pankauski Lazarus PLLC, an expert probate litigation law firm. And Pankauski should know. After all, unlike most “probate” lawyers, he has actually won bank account trials and also handles TOD and pay on death appeals. You can read more about convenience accounts at Fla. Stat. 655.80, which can cause a probate court to ignore the survivorship feature of the Florida TOD account, and give it to the estate, where it can be subject to creditors and expenses of administration. (See Fla. Stat. 733.707 for the schedule of payment of expenses of administration and creditors claims, including attorneys fees). Florida TOD Bank Account Trials “Be cautious” warns Pankauski, about challenging an […]

What does TOD mean to heirs, family members and Florida probate beneficiaries? Transfer on death accounts are a way that Florida residents pass millions & millions of dollars, automatically, without probate. Sometimes ! We have previously written about this pay on death will-substitute and posted a number of Free TOD and Pay on Death Videos . Hopefully those help you understand beneficiary rights and inheritance rights for such Florida accounts. In short, TOD means “transfer on death” and generally gives the other name on the bank account 100% ownership when the other (or first) owner dies. Something so easy has never created more lawsuits about Florida bank accounts, both in federal and state court. If you think you are entitled to a bank account, consider reading three things that will tell you (almost !) all you want to know about these accounts. Everything You Want to Know About TOD Bank Accounts in Florida To learn all about such accounts in Florida, consider reading three things. First read the Florida TOD Law which tells you about pay on death accounts and bank accounts when there are two or more names. You may also hear the term “totten trust” or “POD” or pay-on-death. That’s Florida Statutes 655.78- 655.825. Second, there are two good appellate opinions from Florida’s appeals courts which will tell you a lot. Consider reading Keul v. Hodges Blvd Presbyterian Church, a 2015 Florida appeals court case from Florida’s First District Court of Appeal. Finally, consider reading the case of […]

Jeffrey Epstein was back in the news in 2021. This time, the focus was on a unique and sophisticated estate planning technique called a GRAT. We had previously provided insight on Jeffrey Epstein’s estate and potential creditors of the now deceased Palm Beach resident. So, what is a GRAT? Why are Florida families and trustees litigating about these Florida trusts? What is a Florida GRAT? What is a Florida GRAT? GRAT is short for Grantor Retained Annuity Trust. “It’s a fantastic, low risk estate planning technique that can literally save millions, even billions, in estate taxes if done correctly” says Palm Beach trust litigator John Pankauski. And Pankauski should know. After all, he was reading the IRS federal regulations on GRATs back in the early 90’s and writing them for wealthy clients over 20 years ago. Today, he doesn’t write or draft GRATs. He and the handful of expert litigators at his firm now only litigate and handle appeals for GRATs. Jeffrey Epstein GRATs With a GRAT, the creator, or settlor of a special trust irrevocably transfers property to her trustee. The grantor of the GRAT retains, or keeps, an annuity stream for a fixed term–such as a number of years. With a properly drafted or written GRAT, the savings can be amazing. But you also need the right family asset and a good appraiser. Why do these things matter? Because the amount that is transferred (or “gifted”) for federal gift tax (or estate tax) purposes can be very small […]

The conservatorship of Britney Spears is in the news again. You may have read some of our blogs on Britney Spears and Florida guardianships in the past. After all, Pankauski Lazarus is one of the few boutique litigation law firms that restricts its practice to Florida guardianship trials. Let’s discuss a very recent update on the guardianship of Britney Spears, first reported in the New York Times. ( February 9, 2021: Britney Spears Conservatorship Case Heads Back to Court). Why do Florida families care about the Britney Spears Guardianship? What if Britney Spears Guardianship Was in Florida? Some states refer to an adult guardianship as a “conservatorship.” In Florida, most probate divisions of the Circuit Courts exclusively handle all guardianships. And, remember, Florida guardianships are not just for minors or those people who are under 18. “For good or for ill, guardianship lawsuits have increased in the 25+ years that I’ve been admitted to practice law in Florida.” says John Pankauski, Managing Member of Pankauski Lazarus, a boutique guardianship and probate litigation law firm. Well if the Britney Spears Guardianship was in Florida and not California, the Florida Guardianship Code would apply. Changing Your Guardian in the Guardianship Court In Florida, the “guardianship court” is actually the Probate Division of the judicial circuit where the alleged incapacitated person, or “ward”, resides. Probate courts have exclusive jurisdiction over Florida estates, Florida guardianships and most of the time Florida trusts. In the case of the Britney Spears Guardianship, Ms. Spears wants to […]

Wondering how Miami probate lawyers are helping clients in 2021 during the pandemic? Not to worry. While in-person appearances are rare in the Miami Dade probate court today, Miami probate lawyers may attend court hearings from their office. All they need to do is Zoom ! Florida Probate Courts Adjust to Law In a Pandemic Probate courts in Florida are probably some of the busiest in the nation ! After all, Florida is a large state, filled with wealthy residents. People continue to retire and move to the Sunshine State. Not only do Florida probate courts handle estates of deceased residents, but they also handle trust lawsuits and guardianships. Lots of work. So, you may be wondering how work can get done on a Florida estate or trust during the Covid-19 pandemic. Well, Florida courts, including the Miami probate court, have adjusted very well, and very quickly. One way that Miami probate lawyers have continued to help their clients with estates, probates and trusts is by attending hearings by Zoom. Yes, even though most probate courts have limited in-person appearances, many probate court judges in Miami Dade County permit hearings via Zoom— a videoconference, online platform that permits hearings, testimony, witnesses and the presentation of documents and other evidence. For free Miami Dade probate forms, click here: Zoom Video Conferences in Miami Probates And while Miami probate lawyers are content to attend court hearings via their computer, probate litigators are still going to court for in-person trials. “I had two, […]

Prenup trials are not always during life. That’s right, many times heirs and the personal representative of a Florida probate will have a prenup trial about the validity or terms of a prenuptial agreement. A December 18, 2020 opinion on prenup trials from Florida’s 5th DCA dealing with summary judgment reminds Florida probate lawyers about interpreting a prenup. Interpreting Florida Prenups How Do You Interpret Florida Prenups? The case of Baldwin v. Harris reminds probate lawyers in Florida how to interpret prenuptial agreements. Is a Florida prenup valid? Well, a prenuptial agreement in Florida is interpreted like a contract — because it is a contract. If a contract or prenuptial agreement is clear and unambiguous, it must be read without any testimony or other evidence — often referred to by Florida probate litigators as “parole” or “extrinsic” evidence. In that case, the Florida probate judge simply reads the prenup and tells you what it says. Getting What You Are Owed. Prenups can create obligations which can only be satisfied in a Florida probate. How? Well, some prenups provide for a distribution or inheritance to the other spouse upon death. Remember: Florida prenups may be effective upon divorce or death. If you are owed something when your spouse passed away, you may have to go to probate if the Personal Representative of the Estate, or the Trustee of the decedent’s Revocable Trust, won’t pay. Do you know how to navigate those legal waters to try to avoid a prenup trial in […]

If you are involved in a Miami lawsuit, does your Miami litigation law firm know how to keep your personal finances confidential? A January 13, 2021 opinion from the Third District Court of Appeal https://www.3dca.flcourts.org/ reminds Miami lawyers, especially Miami probate lawyers, how to protect one’s private personal finances in the middle of litigation, even probate litigation. Discovery of personal financial information And, this Miami Dade appellate court opinion also reminds us what the law is when the other side wants to see your personal finances. Discovery. Can one party to a lawsuit issue a subpoena or a request for production under the rules of civil procedure including Fla. R. Civ. Proc. 1.350 to a party or non-party and get to see all your personal finances? Are you even comfortable showing them your tax returns, financial statements, loans, investments? Must you? Well the Miami-Dade appeals court case of Thomas v. State Farm Florida Ins. Co. reminds us that many times your personal finances are confidential. What’s the Test to Get Financial Information?: In Miami probate matters, where there is a will contest or an undue influence case, many times, one side wants to see all of your personal finances. But in Florida, our courts recognize that such data is private and typically kept secret. While the rules of discovery in probate lawsuits, and, indeed most lawsuits, are wide, your Miami lawyer must be careful regarding personal financial data. There is a “heightened standard” to get to see all that information. […]

Are involved in a Miami lawsuit ? Did you hear the word “contempt” or “sanctions“? Not a good thing. A recent 3rd District Court of Appeal opinion from January 13, 2021 deals with civil contempt. It reminds all Miami trial lawyers about this sensitive subject. If you were found in contempt, one question which you have no doubt asked your Miami litigation law firm is: “Can I appeal this order of contempt?” Florida Civil Contempt Has an order of civil contempt been filed against you in a Miami lawsuit? If so, have you spoken to a Florida appellate attorney about seeking a writ of certiorari before Florida’s 3rd District Court of Appeal? A writ of certiorari is a “request” by a litigant, non-party, or party, asking the appeals court to review a trial court’s order. A recent, January 13, 2021 opinion from the appeals court for Miami-Dade deals with contempt. It reminds us of one important tenet of Florida law. Most Miami business litigators know this. “A party cannot be held in contempt for non-compliance with a court order if there party did not have the present ability to comply with the court order.” This quote is from the case of Children’s Home Society of Florida v. K.W., et al. You can read the entire opinion here: What is Contempt? A trial judge may enter an order of contempt for parties that don’t comply with court orders. Sanctions in a Miami lawsuit are a related but different concept of punishment. […]

Are you involved in a Miami business lawsuit? If you won your case, do you know how to get paid from your defendant? A January 13, 2021 appeals court opinion from Florida’s 3rd District Court of Appeal reminds Miami business litigation lawyers about judgment creditors and Florida LLCs. If you are a Miami business owner involved in a lawsuit, what can you learn from this case which had a $30 Million judgment? (For legal commentary on a case involving a Florida LLC interest, and how it passes upon death, click HERE. ) Let’s say that you won your business lawsuit and you got a judgment against your defendant. And your defendant is an investor in some Florida limited liability companies. Now, you want your Miami business litigation attorney to explain how you get paid. Florida business lawyers would describe you as a “judgment creditor.” How do you get your judgment “satisfied” after the Miami business trial ? Is it possible to obtain or get the other side’s units or interests in those limited liability companies? Well, start reading Florida law on judgment creditors and Florida limited liability companies. You can read all about the Florida Revised Limited Liability Company Act, or Chapter 605, by clicking this link: In the recent case of Ramos v. Mississippi Real Estate Dispositions, LLC, from the Miami Appeal Court, there was actually a charging order regarding Membership Units or shares of a multi-member limited liability company. Could the judgment creditor, with a $30 Million judgment, […]