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Category: Our Attorneys

Probate Contingency Lawyer

FAQs Sep 8, 2021
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A contingency fee may be your key to the probate court. (But, how do you find the right lawyer?) If the idea of large legal fees just to protect your inheritance is daunting, you are not alone. Many beneficiaries, heirs and family members seek out a probate contingency lawyer for will contests and trust lawsuits. Even just plain old probates —to look out for them, and protect their inheritance, in a Florida estate case. Admittedly, good ones are hard to find. And big firms won’t do contingent fees. You need to find a boutique expert who limits their practice to this area of the law. Here’s what you need to know now. (to read more about contingency fees, click THIS LINK ) Everyone’s Doing It “I get dozens of calls each quarter” says Probate Litigation Lawyer John Pankauski. “A lot of people are looking for a probate contingency lawyer. And they are the ones asking for a contingency fee.” But Pankauski admittedly doesn’t take over 90% of those calls who seek out his firm. He would rather be paid each month for his time, at his hourly rate — rather than take a case on a contingency. But he has that luxury. His firm has a robust practice handling litigations and appeals for wills, trusts, probates and estates, throughout Florida. His band of trial lawyers have found success in trials and even appeals. “I am very selective on what cases I’ll take on a contingency” he says. If you can […]

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Florida Interpleader Lawyer

Our Attorneys Aug 29, 2021
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Did you get notice of an interpleader action? Life insurance policy proceeds? Bank account? IRA or mutual funds? If you did, you only have a limited time to make your claim to the money. Understanding how to make your claim and prepare for victory can involve finding an experienced Florida interpleader lawyer. We have previously written about federal court interpleader. Now, let’s talk a bit more about this important topic. After all, you only get one chance. Talking to the Stakeholder and Making a Claim Most “stakeholders” like insurance companies don’t want to get involved in litigation. They have the insurance proceeds or annuity. When there is a doubt about who inherits those funds, they can interplead those funds into a Florida court registry. Having a lawyer who can talk to the company’s lawyers can help. Often, you can find out how much is at stake and get statements and information quickly. And then the people can make their claims without the insurance or annuity company involved. Who? Like heirs, beneficiaries and family members who believe they inherit the IRA or bank account or death proceeds. Interpleader actions can occur in state court and federal court. In exchange for “getting rid of the money” the “stakeholder” seeks to be discharged and removed from the case. That just leaves the family members or heirs to make their claims. Florida Interpleader Lawyer Ask any experienced interpleader attorney and they will tell you that literally millions of dollars are on the line. “I […]

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Interpleader Attorney Florida

Our Attorneys Aug 18, 2021
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Did you just get notice of a federal court interpleader? If you are wondering why you have not received an annuity or life insurance proceeds, read on. You’ll learn all about what an interpleader attorney Florida does. And how you may inherit millions. We have previously written about federal court litigation. Notably, how probate matters don’t go to federal court. Now, learn how federal court may be the place to claim your inherited annuity or insurance money. And also consider recent state court Florida interpleader actions. What is Interpleader? Interpleader is a lawsuit or a court filing or “action.” It involves someone who has property belonging to another. That someone who is in possession of the property is referred to as a “stakeholder.” The stakeholder may have artwork, jewels, death proceeds or insurance proceeds from a life insurance policy. Or, simply annuity proceeds. Literally millions and millions of dollars are the subject of interpleader actions filed in Florida state courts. And also federal court in Florida. An experienced interpleader attorney Florida will have results from both state court and federal court. The purpose of such an action is to have the stakeholder properly deposit ( i.e. get rid of) the property in their hands. The those making claims for the annuity or life insurance can “fight” it out. And the court will decide who inherits the insurance or annuity. Interpleader Attorney Florida Generally speaking, the “plaintiff” to the action simply wants to deposit the property or money or funds and […]

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Petition to Determine Heirs in Florida Probate

Our Attorneys Mar 14, 2021
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If a personal representative, or any other “interested” person, is unsure who the heirs are, what can you do? A Petition to Determine Heirs in Florida Probate may be filed. See Florida Probate Law 733.105. Sometimes there is a real need to determine the heirs. For example, the will may be ambiguous or confusing. There may be multiple children, with various spouses, some deceased children with grandchildren, and some adopted persons. A marriage may even be called into question. There may be no will !! So, there are 4 things which an heir to a Florida estate must read. Previously, we wrote about who inherits if there is no Florida will. Now, we’ll talk about the legal mechanism to get an answer for you. But, before we do. If you want to read about estate fights from a top notch Florida probate litigator, John Pankauski, read his book. Asking A Probate Court to Determine Heirs When There’s No Will There is a special Probate Rule for determining who inherits. Check out Florida Probate Rule 5.385. If there is no will, then the estate is said to be an “intestate” estate. That means that the heirs inherit under the laws of intestacy. Who is an Heir? “Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. The intestate succession laws in Florida are found at Florida Probate Code 732.101-732.111. Click to read the definition […]

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