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Category: Our Attorneys

Will Lawyer Florida

Our Attorneys Aug 13, 2023
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A will lawyer Florida may be needed to help you get your inheritance. Here are the 3 ways to navigate receiving your inheritance. (Hint: one involves hiring your own probate litigator, although that may not be necessary.) What does a will lawyer Florida do? (what do you NEED?) A will lawyer Florida typically deals with the “disposition of assets at death.” One who is knowledgeable about the transfer and receipt of plain, simple, expensive and unique assets and properties at death. Beneficiary rights. Obligations of a trustee or executor. That’s a fancy way of saying one deals with dirt, dollars & death! (For short legal blog on who inherits at death, click that link. It’s free, fast and no “cookies” or data collection.) Wills. (And, of course, such other, so-called, “dispositive vehicles” like a revocable living trust, or pay-n-death or transfer-on-death accounts.) Why? Well, the rules are different for giving property when one dies. During life, right?, I can give my property to whoever I want in any way I choose. But the rules are different when we pass. The rules change when you die Death changes everything, right? There’s the Florida Probate Rules, the Florida Rules of Civil Procedure and of course the Probate Code. (For the rules, just go to the Florida Bar website, www.FloridaBar.org, and they are there for free.) Don’t get mad at me ! I didn’t write them or create them. Our legislature did. And those statutes, and those rules, are the guiding light to […]

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Homestead Lawyer

Our Attorneys Aug 12, 2023
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Sometimes, a homestead almost gives you a “guaranteed” inheritance when a family member passes away. Most Floridians own a homestead worth hundreds of thousands, if not millions, of dollars. And, normally, sometimes (maybe??) homestead goes to the HEIRS. That’s why so many sons and daughters and spouses hire Alpha-Dog probate litigators. (To try to “get” “theirs”.) Finding an accomplished and successful homestead lawyer who has handled trials and appeals on this unique (weird?) Florida topic can be a challenge. Here are the issues to consider and what to look for. What is homestead and “heirs” Heirs are the spouse and descendants. That means kids, grandchildren, and a spouse. Note: not ALL of them inherit, or inherit EQUALLY. To read more about who is an heir in Florida, simply click this link. See also Florida Probate Code Statute 731.201 (20). Homestead is that one abode, one residence, that a Floridian calls home. You know, where you file your taxes from, where you consider returning each time that you are away. Florida has unique homestead laws when there is no will and, sometimes, even when there is a will or a deed. Or a prenup. So……….don’t assume that someone gets the homestead. Talk to an experienced homestead lawyer in Florida who has actually litigated and appealed this topic. Homestead lawyer Florida So, if you are in a legal dispute in a probate or estate, or maybe a deed, about homestead, what do you need to know to hire some “firepower”? Here are […]

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Palm Beach Inheritance Attorney

Our Attorneys Aug 12, 2023
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Need a hand with that Florida probate or estate? If you need a Palm Beach Inheritance Attorney, be sure you know what you are looking for. Palm Beach Inheritance Attorney: looking for the right DNA There are two kinds of Palm Beach Inheritance Attorneys in the world. Those who may choose diplomacy or discussion. And those that choose action. Managing Partner John Pankauski says he seldom “writes letters”, other than to put someone on notice. Pankauski should know, as the lead trial attorney at his boutique probate litigation law firm covering all of Florida. He explains that many times, prospective clients want to hire him to simply “write a letter” to a potential defendant. Why? Maybe a trustee won’t give you your inheritance. Or an executor won’t show you the books. Maybe a POA took your money. Writing letters, he cautions, is often a waste of time and money. He explains that a letter typically won’t solve your riddle. “If someone was going to do the right thing ” so the thinking goes “they would have not wronged you in the first place.” Getting a letter or an email from a law firm that uses fancy legal jargon won’t cause the “bad legal actor” to give you your money. More often than not, they use the money they took –YOUR MONEY– to hire a lawyer to fight you. Choosing the “right” Palm Beach Inheritance Attorney may be about finding the right DNA. How to match up with your lawyer So, […]

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Palm Beach Guardianship

Our Attorneys Aug 12, 2023
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Here’s the FIRST thing you MUST know about a Palm Beach Guardianship. Is it contested or not-contested? If it’s not-contested, probably any old guardianship lawyer will do. If it’s contested, that’s a different story. Consider finding an experienced guardianship litigation lawyer. Understanding Guardianship in 2 Easy Steps (sort of) How can you learn all about Florida guardianships quickly? First, read Florida Statutes Chapter 744, also called the Guardianship Code. These are the Florida Statutes which tell you about how a guardian is supposed to act, whether she is a fiduciary, how the legal process works and how to end a guardianship. It will also introduce you to new words and phrases. Like “incapacity”, “alleged incapacitated person”, “lesser restrictive alternatives”. And, it will tell you what to do if there is a power of attorney. Second, interview as many guardianship lawyers as you have time for. Look for those who SPECIALIZE in this area and are experts. How will you know if the Palm Beach Guardianship lawyer is an expert? You’ll know………………………….. Here is a list of questions which you may want to ask when you interview: Palm Beach Guardianship So, to learn more about Florida guardianship law, you can click on THIS LINK for free videos. No credit card, no “cookies” to accept or reject, and no personal data required. In the end, there are a LOT of lawyers in South Florida who say they “do” guardianship. Most are probably uncontested matters. If are “fighting” about whether someone is incapacitated […]

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Palm Beach Probate Attorney

Our Attorneys Aug 11, 2023
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How do you find a good estate lawyer? You know….the kind that has been involved in hundreds of millions, billions (?) of dollars, of estates over his career. A good Palm Beach probate attorney will fight hard, advise you well, give you legal options and explain everything in plain-English. Everything that your lawyer is doing, right? Secret to finding How do you find a decent Palm Beach Probate Attorney? After all, there are hundreds of Florida lawyers, right? And lots of estate lawyers. Look for a lawyer who LOVES her job. Can’t wait to get into the office. Talks to clients at night. Weekends. Someone who loves being creative, and is passionate about representing his clients How will you know? Believe me………………you’ll know ! Palm Beach Probate Attorney So, here’s more about what is Florida probate. And here’s more about the Florida probate process. Here’s a list of considerations for your search for your “Alpha Dog” probate attorney:

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Palm Beach Estate Attorney

Our Attorneys Aug 8, 2023
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Finding the “right” Palm Beach Estate Attorney probably turns on what you NEED. Read more below if you are in the middle of a dispute. If you need someone to write a will or trust for you, look for a good estate planning attorney. If you need some litigation counsel, consider seeing this short, free video. It just may help you find what you are looking for. Or, keep reading. How to find a good one “Shopping” for a good Palm Beach Estate attorney is kind of like searching for any service provider. What? Are you telling me that there is no difference in finding, say, a good dry cleaner or architect, from a “fire-breathing” litigator? Well, who we hire may be different, but aren’t most of your best search practices the same? Try to find someone who specializes in what you are after, who has years of experience, and someone you connect with. Have faith in. Can confide in. Have confidence in. If you are looking for a lawyer to write a will or trust, or POA, that’s an estate planning attorney. Don’t look for someone who handles probate litigation, trials and appeals. Palm Beach Estate Attorney But what if you objecting to a will or bringing a trust lawsuit? Or, maybe your Personal Representative or Trustee or Executor is not sharing information with you? Then, you need some “firepower”, right? (To see some free Florida probate litigation videos, click here.) Look for someone who backs up his or […]

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Palm Beach Trust Attorney

FAQs Aug 7, 2023
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When do you know if you need a Palm Beach Trust Attorney? And when should you have one who handles trust litigation? If you need someone who does more than “writes trusts“, read on. The key to your trust matter may just be selecting the “right” “firepower.” (If you believe that you need a trust litigator, you can read (FREE) more about what you may be looking for by CLICKING HERE.) Trust Lawyering So, to be clear, there are some really, really good Florida trust lawyers who write trusts. They do estate planning. They draft wills, powers of attorney, health care documents like health care proxies, and surrogates. And Living Wills. That’s NOT what we are talking about here. If you need a revocable trust, or a living trust, you need an estate planning lawyer. You don’t need a litigator who is in the “trenches” of lawsuits and litigation. If you have a trust issue, dispute, lawsuit or challenge, read on. Palm Beach Trust Attorney — understanding the trust” holy trinity” The type of Palm Beach Trust Attorney that you may need should be one who has the “firepower“. The experience in courts, trying cases. Handling Trust Appeals. SERIOUS trial experience. You need someone who not only understands the Florida Trust Code, Chapter 736. But also the Evidence Code, Chapter 90. And the Florida Rules of Civil Procedure. Why? Because if you are involved in a trust dispute over an accounting, an inheritance or a revocable trust, you may need […]

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Palm Beach Inheritance Lawyer

Our Attorneys Aug 6, 2023
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A Palm Beach Inheritance lawyer may be needed to help you with your inheritance. If you are “contesting” something in a Florida probate or trust, maybe you need a litigator. (Someone who actually handles probate trials + appeals all the time…..NOT just some lawyer who says they “go to court“. ) If you want a lawyer who does more than just “writes letters” demanding your inheritance, and you want a probate litigator, read on. This just may be the best 4 minutes you have spent on your Florida matter. (For more info, you can read free legal commentary and guidance by clicking HERE . ) Palm Beach Inheritance Lawyer = Firepower OK…………..not everyone needs an Alpha Dog, right? Many times, you are going to inherit money from an estate. A Florida probate. Maybe a revocable living trust. So, if you trust your trustee or Personal Representative, you don’t need a Palm Beach Inheritance Lawyer. But……………..what if that person is not sharing information with you? And………..sometimes, things are not breaking your way. Sick and tired of YOUR Personal Representative or Trustee not showing you the books? Or NOT telling you where YOUR money is? What can you do? (For a brief read, free, on whether you need to hire a pitbull or not, read THIS.) Baby Steps OK…………..so there are some basic, simple things which you can do. First of all, you can open a probate. That’s a court proceeding. Why? Because it causes all “interested persons” to play by the […]

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Palm Beach Guardianship Lawyer

FAQs Aug 6, 2023

How do you find a good Palm Beach Guardianship lawyer, and, what, EXACTLY, is one? (For free, helpful videos on Florida Guardianships, click HERE.) Palm Beach Guardianship Lawyer For good or for ill, guardianship cases have exploded. If you asked me 20 years ago if I would be handling contested guardianships, I would have guessed “no.” But, now, contested guardianships are a vital and important part of the probate litigation practice at Pankauski Lazarus. And, I’m proud to say, we have built up a stellar reputation, Florida-wide. To read more about our guardianship practice, click HERE. It may assist you in determining whether you need to file for a Florida guardianship or not. Let’s discuss the “two” “main” types of Palm Beach Guardianship lawyers. Contested vs. Un-Contested Guardianships in Florida There are two types of guardianships: contested and un-contested. You don’t need me for an uncontested guardianship. That’s where everyone gets along and there are no disagreements. The truth is that there are many fine guardianship lawyers out there who do a good job. At much lower rates that a guardianship trial lawyer like me. They know Florida Guardianship Law and are effective at assisting families. But, what if you don’t agree? What if you disagree?……………………….a LOT!? Disputed Matters When parties to a Palm Beach Guardianship do not agree, we call it a “contested” guardianship. There are two things which may be contested. First, whether or not someone, the alleged incapacitated person (AIP), is competent or not competent. Do you […]

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Palm Beach Probate Lawyer

Our Attorneys Dec 17, 2022
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Knowing when you need to “lawyer up” to get your inheritance may be tricky. After all, you have to balance spending money on a Palm Beach probate lawyer vs. going it alone. Is it worth the money? Inheriting from a Florida Probate If you inherit from a Florida probate, you should expect to get your money within a year. After all, estates are supposed to be “expeditiously” administered. (Read Florida probate law 733.602). Find the assets, pay the last expenses, and distribute everyone’s inheritance. But some people want their own lawyer. Their own advocate or pit bull or “firepower” to stand up and fight. Fight for what? Candidly, in some cases, you don’t need to fight. You need the Florida Probate Code explained to you. The process. The Florida Probate Rules can be read for free online. Heck, you can read all about the Florida probate process online for free. You don’t need a Florida probate lawyer for that. But, if there’s a will contest, or some “contested” matters, you may want your own counsel. When do you need your own Florida probate lawyer? First of all, if you trust the person running the estate, why do you need to pay for a lawyer? The personal representative will have her own lawyer and pay for that lawyer from the estate. But many times, information is with-held. Or things are going nowhere. The “PR” is not disclosing information about the assets, the estate, and what she is doing with YOUR money. […]

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