A Florida executor has a lot of duties to her beneficiaries. And, let’s face it, estate beneficiaries should expect a lot from someone serving in that position. Here is the skinny and truth revealed about what being one is all about. Who would want this job? What does a Florida executor do? Here’s a list: Think of one as a trustee Because she has a lot of duties Identify all of the decedent’s assets and just debts Marshall, or gather, all of the decedent’s assets and pay off only the just debts That’s right, you gotta deal with creditors! Pay the decedent’s US Federal Income Taxes That’s right: you gotta hire a CPA In Florida, a personal representative must be represented by an attorney Pay all the estate expenses and administration costs Distribute what’s left to the beneficiaries and Close the estate! Who can be the Florida executor? Felons cannot be an executor! There are other restrictions on who can, and can’t, be, the executor Oh, by the way, in Florida, we call the executor the Personal Representative. To learn more about what the job entails, consider reading the Probate Code and the Probate Rules. Oh yea: try not get sued. Where personal reps can get into trouble is when they run the estate in secret and keep their beneficiaries in the dark. I mean, never mind probate fraud and too much compensation and taking years to run the estate. Hire the best. After all, the executor is not paying […]

Do you really need a lawyer to explain your inheritance rights to you? Not necessarily. And, even if you do, you might not need that attorney for long, or for much work. Knowing whether you need inheritance counsel is one thing. But how do you interview and select an inheritance lawyer to your liking? 5 things to consider. Straight talk, straight from the horse’s mouth. Do you even need an attorney that deals with inheritance ? Let’s face it: not everyone needs an inheritance attorney. You just don’t. Lots of times, a trusted family member is handling the Florida Probate with a good estate lawyer who everyone trusts. There are probate rules which provide for information sharing and disclosure. You know what’s going on, when, and how things are getting done. There’s no will contest, no fighting. But, what if the trust is not there? What if the executor or personal representative is not telling you what’s going on in the probate? “Many family members are let down when the estate executor does not communicate, let alone hides information” says Probate Litigation Attorney John Pankauski. Pankauski tries to reassure prospective clients who may not be trustful of their executor. He lets them know that financial data, assets, money, and property will all be disclosed. Or, should be disclosed. He points you to all the rights which a Florida estate beneficiary has under the Probate Code. And all the duties which an executor is required to follow. But what happens when […]

Summary judgment has changed in Florida. Knowing the new rule is only part of it. You need to know how an order on summary judgment should be written. What it must say. An August, 2022 opinion helps you understand this. To view a free Legal Video on this very topic from a lawyer who actually handles this interesting legal topic, and similar matters, CLICK HERE. The Basics Summary judgment may indeed be a short cut to victory. It could avoid a trial. (Be sure to read Rule 1.510). After all, if there’s no need for a trial, why have one, right? SJ can be granted by a judge if there is no disputed issue of MATERIAL FACT. If there is a pure question of law, why not just have the judge tell you how she will rule? In other words, if the law is clear, you may be entitled to “judgment as a matter of law.” This shortcut can save you thousands of dollars in legal fees and months of time litigating. Want to read more? Update: for a 4th DCA opinion on a defective affidavit when summary judgment was sought, read the Gromann v Avatar case Recent Case In April of 2021, the Florida Supreme Court changed the summary judgment rule. One purpose was to make Florida’s rule more like the federal rule. With the new standard, it’s not enough for a court to rule. The court must rule correctly. If not, the ruling can be appealed at the […]

Courts of law are NOT meant for fake claims or defenses. Someone filing a frivolous matter or claim may be sanctioned. They could be ordered to pay attorneys fees and costs under Florida Law 57.105. This law provides for fees if someone makes a claim that is not based upon the law and facts. A recent opinion tells you all you need to know. The Basics To read more about this attorney fee and sanctions topic, click HERE. 57.105 is a statute which provides for attorneys fees and costs under limited circumstances The purpose of that law was to diminish or discourage frivolous filings When is something frivolous? This statute provides for the award of fees and costs if a claim or defense is NOT supported by the law or the facts. This law SANCTIONS such conduct. The sanction is in the form of awarding the prevailing party attorneys fees. But be cautious. When awarding fees as a sanction, an expert must give testimony. See the August 5, 2022 case of Mitchell v. Flatt. Recent Case On August 3, 2022, Florida’s 4th District Court of Appeal issued its opinion in the case of Cadavid v. Saporta. This case dealt with injunctions and claims of a violation of a restraining order. It required the trial judge to carefully weigh the conflicting testimony of both parties. This opinion gives you, the reader, just about all you need to know about Florida Law 57.105. And, remember: failure to timely appeal a sanction order […]

Understanding a charging lien Florida shouldn’t be that difficult. There are only a handful of points which you need to know. But lawyers and clients struggle to understand this obscure Florida legal concept — and about paying legal fees. Here’s some guidance from the horse’s mouth! Perspective from one who has drafted, or written, charging liens, litigated them in trial, and handled those appeals. Understanding the Basics A charging lien Florida issue typically comes to the court when there is a “fee fight.” A disagreement between a client and a lawyer. ( Note that a charging lien is different than a retaining lien . ) It generally involves non-payment of compensation by a client, or former client, to a Florida lawyer. To see a free Florida Legal video on this topic, click HERE. Lawyers, many times incorrectly, file a notice of charging lien. Why? “Notice” is one requirement for asserting a valid charging lien Florida. But when does a lawyer have such a lien? (Back in 2017, attorney John Pankauski presented a Florida Bar-approved continuing legal education seminar on this topic.) Once notice is given, or filed, the lawyer can then move the court (by filing a motion) to perfect, or rule on, the validity of it. But what is a charging lien and what are the key points you need to know? 5 Things You Need to Know

Inheritance lawyers in Florida know a thing or two about the probate process + trusts. And, also, how many times an estate can drag on and on–and on and on! Knowing HOW MUCH you inherit, and WHEN you are supposed to get your money are important. Every estate executor in Florida has a lawyer. Who’s watching your back? Inheritance or Inheritance Fight? It should be easy enough, right? To get your inheritance. Who’s responsible when it takes so long to get what is yours? Do the lawyers slow it down? Or is there someone trying to steal your inheritance? I mean Florida has lots of folks with billions and billions, if not trillions, of dollars. You have a will, maybe a trust, and you get your inheritance, right? Well, the probate process does take time. There are rules and procedures. And if money is left in a trust, you have to deal with setting up the trust. And remember, the dead person’s creditors (e.g. IRS, Uncle Sam, credit card company, mortgage, pool cleaning, cable, etc) all need to be paid before the beneficiaries see a dime. That’s why a good inheritance lawyer may be needed. Below are 5 things you may want to look for in a good Florida inheritance lawyer. 5 Questions to Ask a Florida Inheritance Lawyer Are you experienced? Some Florida lawyers write wills but also do dog bites, car crashes and slip and falls or criminal defense. Is that who you want helping you on an […]

Statutes of limitations are SHORT in Florida probates and estates! The first thing that you need to know is: are you suing the executor for something the dead person did? Are you suing the estate? Or………. are you suing the executor for something she did during estate administration? Hurry! Before the estate closes and you are left out. (To learn about WHO CAN BE EXECUTOR, click that link). Understanding Probate Claims Every right or possible lawsuit must be filed or asserted within the appropriate time frame. These time limitations to make claims are often referred to as statutes of limitations. You can read all about the statutes of limitations by clicking THIS LINK and reading Florida Law 95.11. If you have a claim against a person who is now deceased, you are a creditor. Part VII of the Florida Probate Code tells you all about creditor claims. Creditor claims must be filed no later than 2 years after the decedent’s death. That’s Probate Law 733.710. That’s the MAXIMUM time you have to sue. And you need a probate court proceeding open in Florida to file your Statement of Claim. Writing a letter won’t work. Even if you are under the 2 year rule, you may have had to file a statement of claim earlier. There are 3 month statutes of limitations. See Probate Law 733.702. It depends on whether or not you got actual notice and when publication of notice to creditors was accomplished. 3 months? Yes !! 3 months. […]

When Florida Co Trustees disagree, what is a beneficiary to do? Perhaps the BETTER question is what are the co trustees supposed to do? We have written before on whether or not co trustees must act jointly. Now, let’s consider when co trustees disagree in a Florida Trust. Florida Trust Rules In Florida, trustees must rule by majority vote unless the trust says otherwise. So, if you have an odd number of trustees or co trustees, not to worry. You just vote on stuff. But what if there are an even number of co trustees? Like two? Two co trustees is (are) very common in Florida. What rules apply when two co trustees can’t agree? Well, the answer to that question is two-fold. When Co Trustees Disagree First, look to the trust document. What does it say about trustees’ votes and decision-making? A trust, for example, could give one trustee “super-trustee” powers. Veto powers. Or, a third party, a tie-breaker, can step in to decide what to do when Co trustees disagree. Sometimes there is a “special trustee” for that single role. Or another person such as a trust protector to handle trustee disagreements. What happens when there is no tie breaker? Often, trustees go to court. They file a “dec action”. An action for declaratory relief. The co trustees or co trustee simply tell the Court what’s going on. What the disagreement is and the judge will decide what to do. To read more about the office of the […]

Trust disputes can get ugly between beneficiaries and their trustees. But what if there are multiple trustees of your Florida trust who don’t agree? Do Co Trustees have to act jointly? Read below for the answer. If you would like to see a FREE FLORIDA TRUST VIDEO on trust lawsuits’ secrets, click that link. Florida Trust Suits and Disputes The Florida Revocable Trust is almost as popular as the will. A Florida Will often “pours over” into a revocable trust. The revocable trust becomes irrevocable upon the creator’s death. (To read more about what a revocable trust, is click HERE.) Many Floridians use a revocable trust to leave inheritances, real estate and money for loved ones. When you create a trust, you have to name a trustee. (To read how to create a Florida Trust, consider glancing at Florida Trust Code Law 736.0401). Sometimes, the trust creator names multiple trustees. But what if the co trustees don’t get along? Do co trustees have to act jointly? (To see an easy-to-follow Florida Trust Legal Video on trust challenges, simply click HERE.) When Co Trustees Don’t Agree When co trustees don’t agree, how do they run the trust? First, Co Trustees should get along, cooperate and work together. (To read about a trustee’s duties, check out Florida Trust Code Law 736.0801- 736.0817. ) Read the trust document. Most trust documents will give the trustees instructions on how to act . A trust document might say that the co trustees MUST act unanimously. […]

In Florida, people have power-of-attorney documents as often as they have a will or a revocable trust. But mis-use of a “POA” causes concern. Many times, POAs take money or make gifts when they should not. So, can a Power of Attorney make gifts? To read about MISUSING a power of attorney, click this FREE LINK to Florida POA Law. Power of Attorney in Florida Let’s come out and say it : a power of attorney should not make gifts in Florida. There is even a special law about making gifts. Read Fla. Stat. 709.2202(1)(c) which prohibits making gifts ABSENT VERY SPECIFIC LANGUAGE AND PERMISSION. BUT, doesn’t every rule have exceptions. Here are some important bullet points for power of attorney law in Florida. (For a free legal video on UNDERSTANDING POWER OF ATTORNEY, click HERE.) A power of attorney is a fiduciary The person who “gives” or “creates” a power of attorney is called the “principal“ The POA is supposed to act in that person’s best interest The POA can and should spend the principal’s money — on the principal! The POA can use the power of attorney document to pay the principal’s bills The POA should not make gifts of the principal’s money unless the document specifically authorizes that The fiduciary should not make gifts of money or property to herself That’s called “self dealing” and is a “conflicted transaction” or a conflict of interest In unique or rare or limited circumstances, a principal might give the POA […]