A March 5, 2021 decision from the 2nd District Court of Appeal sheds light on Florida temporary injunctions. We have provided solid Florida legal commentary about injunctions before. Why now? Read on ! 4 Requirements How do you win a temporary injunction? There are generally four requirements that you must show or prove. Here they are: (1) a likelihood of irreparable harm; (2) unavailability of an adequate legal remedy; (3) a substantial likelihood of succeeding on the merits; and (4) considerations of the public interest. “We have filed and also defended motions for temporary injunctions” says Trust + Estate Litigation Lawyer John Pankauski. “We are very familiar with Rule 1.610 and the caselaw. We know what is required to win.” Florida Temporary Injunctions for Estates and Trusts Be sure to read Florida Rule of Civil Procedure 1.610. Following that rule is key to obtaining an injunction. Many estate beneficiaries and family members want probate assets frozen! Many believe, whether correctly, or incorrectly, that estate money may be mis-spent, taken or squandered. What about Florida trusts? Under the Florida Trust Code, trust beneficiaries know that a judge can freeze a Florida trust. A “freeze” is a Florida temporary injunction. Want to read more about what a Florida Trust Judge can do? Consider reading 736.0201 and also 736.1001 of the Florida Trust Code. Or read this new opinion about Florida temporary injunctions. What You Need to Know! Why do so many estate and trust beneficiaries want to know about Florida temporary injunctions? […]

Are those text messages that everyone sends and receives “discoverable” in your Florida litigation? In 2021, text message admissibility is important ! Maybe…………..maybe not! Whether those text messages in Florida lawsuits can be admitted into evidence is an entirely different question! Afterall, once your trial lawyer gets over the “relevance” hurdle, she has to lay a foundation and get those out-of-court statements in over an anticipated/expected “hearsay!” objection from your opposing counsel. A recent case from Florida’s 4th District Court of Appeal discusses text messages in Florida lawsuits, as well as Florida evidence and the authentication and admissibility of data and documents. Florida Evidence & Text Messages Has your Florida probate lawyer asked you about e-discovery? Maybe she told you to preserve all evidence and to retain all laptops, iPhones, cell phones, iPads, tablets, computers, text messages and emails. Oh, yes, she probably also told you to suspend any “self deleting” mechanisms on your electronic devices. Oh, yes, and I’m sure he instructed you not to delete any communications and documents, either. After all, you don’t want to lose any of that data which you are going to be COMPELLED to produce in your Florida lawsuit. Very good ! Great start! Now, let’s say that the other side to your Florida litigation has text messages to use against you. One question which I know your lawyer has asked you is about text message admissibility: Are your text messages admissible in your Florida lawsuit? A recent, September, 2020, Florida appellate opinion […]

Two recent opinions from Florida appellate courts tell you everything you need to know about Fraud on the Court in Florida (almost !). Although we have provided free commentary + legal videos on this issue before, these two new opinions are helpful & instructive. What is Fraud on the Court? Fraud on the court “occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of act or unfairly hampering the presentation of the opposing party’s claim or defense.” That quote is from the Florida Appeals Court in Palm Beach, also known as the Fourth District Court of Appeal. That case was Amato v. Intindola, 854 So. 2d 812, 814 (Fla. 4th DCA 2003) (quoting Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998)). Want to read more about Fraud on the Court from the 4th DCA? Check out this January 6, 2021 opinion in the case of Gleman vs. MWH Americas, Inc. The Gleman opinion also discusses what a sham pleading is under Florida Rule of Civil Procedure 1.150. What Can A Florida Court Do ? A Florida Court has the discretion to dismiss a party’s pleadings based upon fraudulent conduct. Cherubino v. Fenstersheib and Fox, P.A., 925 So. 2d 1066, 1068 (Fla. 4th DCA, 2006). “A trial court possesses the discretion to dismiss a complaint [or strike a […]

In Florida, guardianship business is booming — for good or for ill. Every week, perhaps every day, family members are asking a Florida Probate Court to declare an adult “incapacitated” or “incompetent“, remove or limit their rights and powers to act alone, and appoint a Guardian. Many times, a guardianship means that you limit access to one’s money !! We have written about “contested” Florida guardianships before, where family members duel over controlling a parent or their purse. Now, Netflix has a popular and new 2021 comedy, crime thriller called “I Care a Lot.” Will this popular streaming movie shed light on financial exploitation and financial abuse? Although it’s fiction, I Care a Lot is getting a lot of attention from people involved in Florida guardianships. I Care a Lot + Guardianships Florida guardianship law is found in Florida Statutes Chapter 744. This explains the entire Florida guardianship process. How do you start a guardianship? (file a petition). What if there is a Power of Attorney (consider lesser restrictive alternatives to a guardianship). “There’s actually two cases you need to start a Florida guardianship” says guardianship litigator John Pankauski. “You file a mental health case which suggests that a Florida resident is not competent and needs some protection and assistance” says Pankauski. “Then, who is going to provide that protection and assistance? You need a guardianship matter.” Pankauski should know. He leads a boutique law firm in Palm Beach which restricts its practice to so-called “probate litigation” which typically means […]

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 […]

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, […]

Is someone you know the victim of civil theft in Florida? Have funds been embezzled from a Florida trust or bank account? Many times, heirs and family members want to know what happened to their inheritance. Understanding your rights to your inheritance is important. Here’s more information about this unique legal remedy. It is SERIOUS stuff. Do you have the stomach to handle it? Civil Theft Florida — can you handle the risk? Florida law says if you commit a crime, you can be sued civilly ! Are you ready to collect and exercise your rights? Now, the this law comes with risks + rewards Like all litigation matters, no one– I mean NO ONE– has a crystal ball Would you risk being assessed with attorneys fees if you lose? One such remedy is an action for civil theft Florida when funds have been stolen Can you use this in West Palm Beach probate court? When a trustee comingles or pilfers funds, is that civil theft? For more information, why don’t you start with the law: Florida Statutes 772.11 What about when the personal representative takes funds that she is not entitled to? Recent Case + 1 Law OK, so you want to read more about this law? This “right of recovery?” You can read this 3rd District Court of Appeal opinion in the case of Bailey v. Covington. This is an April 7, 2021 opinion. So, it’s recent and pertinent. Is your probate lawyer up on this? And the statute, or law, you already know about. Because […]