Many times, a relative passes away in Florida with a lot of out of state beneficiaries. Do you need a Palm Beach Estate lawyer to get your inheritance? Do you even need to come to Florida? The probate process may be easier than you think to get your inheritance. To learn a lot right away, consider reading the Florida Probate Code. The Florida Probate Process Lots of Floridians pass away each year. Often, family members and beneficiaries are located outside of Florida. “Many of my clients do not live in Florida” says John Pankauski, a Palm Beach estate lawyer who helps clients get their inheritance. “The truth is that you really don’t need your own lawyer if you trust the person running the estate.” That’s what they call the “personal representative” in Florida. Sometimes called an “executor” in other states. In truth, you don’t even need to come to Florida to get your inheritance. And you won’t need to if the estate is run correctly. However, if there are objections or “contested” matters, you may need to testify. Whether you can do that from your home via Zoom, or whether you have to come to Florida depends. It all depends on what you want to do, and what the personal representative is doing –or not doing. Who do you trust? The personal representative, or “PR” for short, is supposed to be a fiduciary. She has fiduciary duties to work for the family and beneficiaries. Part of her duties is to […]

Many Floridians are leaving your inheritance in a revocable trust. Here are some steps to help you find a Palm Beach Trust lawyer. You should first consider whether you even need one at all. Why and when? Why do you need a Palm Beach trust lawyer? The truth is that you may not. Confident and experienced trial lawyers will tell you this. Not to be coy or play hard to get. It’s because they have the business and law practice to be upfront with potential clients. And, most will tell you that if you can avoid litigation, you should save a lot of money, time and angst. If you are inheriting from a trust, ask yourself: do you trust your trustee? If your trustee is responsible, attentive and responsive, you probably don’t need a lawyer. However, if you need to understand your rights, or file a trust contest or objection, consider whether you can afford the time and patience needed. After all, trust litigation takes time, is costly, and some people find it anxiety-ridden. Sometimes, people have different interpretations over a trust or want to void a trust amendment. (To read the Florida Trust Code, click here.) Yes, many trust beneficiaries want some so called “fire power”. A pitbull on their side who can explain and advocate for them. But try working things out with your trustee first. She is supposed to give you information about your trust and inheritance. Communicate. Be reasonable. Try to avoid the time and expense […]

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 […]

Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words. What You Need to Read How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read. The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights. Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules. I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys. Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash. Florida Guardianship Lawyer — do I really […]

Trust law in Florida is sort of specialized, right? I mean there are special rules and laws. We have previously written about hiring a Florida Trust Lawyer. Now, let’s go a bit deeper and give you another perspective. Whether you are a beneficiary, trustee, or you were cut-out of an inheritance, and need to file a TRUST CONTEST, the following should be helpful. How Do I Find the Best? Many times, wealth in passed along to a trust. You don’t get your inheritance OUTRIGHT. Your receive money or property in a Florida Trust. And you have to ask your trustee for money in many cases. That’s because many trusts give a trustee the DISCRETION to give — or not give— money to you. That’s a lot of power over a lot of money. Beneficiaries who claim that their trustee is not behaving properly may sue. Many times, those Florida trust lawsuits revolve around whether or not the trustee abused her discretion. For a free video on Trustee Abuse of Discretion, click that phrase. To read a book about being a Florida Trustee written by trust litigator John Pankauski, Esquire, click HERE. Find the Florida Trust Lawyer That’s Right For You Now, no one is telling you to run down to the county clerk’s office and file a trust lawsuit. But, it may make sense to have a Florida trust lawyer explain how your trustee is doing. How is the trust being managed? The truth is, many times beneficiaries mistakenly believe […]

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 […]

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 […]

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 […]

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 […]