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#BILLIONS AT STAKE WITH #MIAMI LAWSUIT SEEKING #RIGHT TO MARRY FOR #SAME SEX COUPLES — #FLORIDA LAWSUIT HAS HUGE IMPLICATIONS FOR #FLORIDA INHERITANCE RIGHTS

Uncategorized • Jan 24, 2014

It was reported this week that six #gay couples are suing for the right to marry in a Miami Dade Circuit Court.

This comes less than a year since the United States Supreme Court ruled that the #Defense of Marriage Act was unconstitutional. #DOMA is dying a slow death. But, #same-sex couples, and #gay couples have a lot more to fight over than just #DOMA.

This case has big implications, and not just with the #right to marry in Florida. There are billions of dollars at stake in #Florida inheritance rights and #rights of a Florida surviving spouse. #Gay couples and #gay spouses stand to have #guaranteed inheritance rights in #Florida. #Probate rights. Rights to #Florida trusts and #Florida property.

Why? #Florida widows, #Florida surviving spouses, have some of the most valuable property rights, and #inheritance rights in the entire country.

Unless a #Florida spouse or #Florida widow waived his or her rights in a prenuptial agreement, the #Florida surviving spouse has a #guaranteed inheritance.

A #Florida surviving spouse – – a #Florida widow – – has inheritance rights and rights to a spouse’s #Florida living trust, also called a #Florida revocable trust and one’s #Florida estate:

  • #Florida family allowance
  • #Florida elective share
  • #personal property
  • Car
  • #Florida Homestead
  • #Florida creditor protection
  • guaranteed 30-50% #Florida inheritance

There is no dollar limit to your #Florida inheritance.

If the #Florida estate is worth $100 or $100 million, and you are #Florida spouse, you are guaranteed a #Florida inheritance.

#Florida spouses receive a #guaranteed inheritance of 30- 50% of a deceased spouse’s #Florida estate, #Florida revocable trust, and worldwide assets.

So, if these six couples get the right to marry, they also gain very valuable #Florida inheritance rights, which is valued in the billions of dollars. Why?

The Boston College Center of Wealth & Philanthropy estimates that $41 trillion is passing from the WWII generation to the baby boomers and Generation X and generation Y – – – right now!

FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS ONLY

We help you with Florida estate and trust administration and trials, and #probate appeals.

Our #Florida probate law firm#

  • does not prepare estate plans
  • does not draft wills and trusts
  • does not steal your clients or your probates

Our #West Palm Beach, Florida #probate litigation firm :

  • hands your clients back to you at the conclusion of the #Florida matter—after all, they are YOUR clients
  • we try cases & handle appeals
  • our practice is restricted to #Florida probate disputes & contested guardianships
  • we work with you on #Florida estate administration, #Florida probate
  • we litigate for and protect beneficiary rights
  • we represent #Florida personal representatives or executors, and #Florida trustees
  • we receive approximately 95% of our clients from other lawyers
  • we take contingency fee cases

Who are we? Our firm is comprised of

  • serious Florida litigators, with an outstanding reputation in our legal community
  • focused probate lawyers,
  • experienced paralegals and support staff.

We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.

John Pankauski, www.johnpankauski.com, is the author of The Trustee’s BookAn Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida, www.pankauskilawfirm.com and has been featured on the CBS Evening News, in The Wall Street Journal, MarketWatch, NBC, ABC and Fox networks.