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Surviving Spouse Rights: Inheriting Homestead Property in Florida

Uncategorized Oct 17, 2019
post about Surviving Spouse Rights: Inheriting Homestead Property in Florida

Do surviving spouses in Florida have inheritance rights? What inheritance rights do surviving spouses have? Can my wife give her house to someone else in her Florida will or trust? Can my husband leave me and our minor children nothing? What do spousal rights have to do with Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to? What happens to the homestead? Palm Beach Surviving Spouse Inheritance Rights In Florida, a surviving spouse may have rights to property of a deceased spouse. As In re Estate of Magee discusses, there are statutory minimum benefits that must be provided for families regardless of the decedent’s intent. What are these benefits? Homestead, elective share, and family allowances are three of the main rights of surviving spouses in Florida. With that being said, these rights can be waived by a prenuptial agreement. Did you sign away your Florida inheritance rights? Talk to an experienced Florida inheritance lawyer to learn exactly what you, as a surviving spouse in Florida, are entitled to inherit. Florida Statute 732.401 This important statute describes the descent of homestead in Florida. If you are a surviving spouse in West Palm Beach or Boca Raton, you definitely want to read this statute if there is a homestead property involved. Your Florida probate attorney should also be very familiar with this statute to ensure that you do not […]

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Extensions of Time in Florida Probate Cases

Uncategorized Oct 8, 2019
post about Extensions of Time in Florida Probate Cases

Can deadlines be extended in your Florida probate lawsuit? What can you do if you need more time to file an answer to a motion in your trust litigation case? If a Florida Statute provides a deadline, how seriously should that deadline be taken? What should my Florida probate lawyer know about filing a timely homestead election in a West Palm Beach or Miami inheritance case? How can an experienced probate lawyer help to ensure that I do not miss important deadlines? Hiring a Probate Litigation Lawyer in Florida In the probate world, there are many deadlines that must be met. In order to know all of these deadlines, your Florida probate lawyer must be very familiar with the Florida Statutes and Probate Code. Furthermore, your probate lawyer must know the rules of the Florida probate courts. How do you choose a lawyer who knows all of this? You should consider hiring a probate or trust law firm that specializes in Florida probate matters. If you choose a probate-focused firm, like Pankauski Hauser Lazarus PLLC, your lawyers are constantly handling probate issues and meeting probate deadlines. Therefore, they will be especially knowledgeable about the statutes pertaining to your Florida probate lawsuit. Secondly, you should choose an estate lawyer or probate litigator who is experienced. For example, the law partners at Pankauski Hauser Lazarus have over 20 years of experience practicing Florida law. Florida Deadlines and Probate Litigation In certain situations, deadlines can be extended in your Florida probate case. For […]

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Florida Probate Appeals and Homestead Property

Uncategorized Sep 25, 2019
post about Florida Probate Appeals and Homestead Property

When do I need an appellate lawyer in Florida? What type of appeals may you encounter if you are involved in Florida probate litigation? Did you know that the other side in your lawsuit may file an appeal if they disagree with the trial court’s decision? Why should I hire an appellate attorney who also does probate litigation for my probate appeal? Hiring a Florida Probate Lawyer If you are in the process of hiring a Florida probate litigation firm, you may want to look for a law firm that is experienced in both estate litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur. What if you win your Florida probate case and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is also knowledgeable about the Florida Probate Rules, ready to assist. At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice. Because our firm’s focus is litigation and appeals, our trust lawyers know what to do during trial to ensure that issues are preserved for appeal, if necessary. In addition, having focused trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during the appeal due to the fact that the firm is already familiar with your case. […]

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Surviving Spouse Inheritance Rights and Florida Homestead

Uncategorized Sep 25, 2019
post about Surviving Spouse Inheritance Rights and Florida Homestead

Does a surviving spouse have rights when it comes to inheritances? Can my wife or husband disinherit me and leave me nothing? If I am a surviving spouse, should I hire a West Palm Beach probate lawyer? What happens if my husband doesn’t include me in his Florida will or trust? Are there certain Florida Statutes I should be familiar with as a surviving spouse? What happens to my wife’s homestead property now that she has passed away? Can my husband’s adult children take away the house that I live in just because it was only in my husband’s name? Florida Surviving Spouse Rights In Florida, surviving spouses have inheritance rights to property of a deceased spouse.  In fact, there are statutory minimum benefits to ensure that surviving family members are provided for, regardless of the decedent’s intent.  What are these benefits? Homestead, elective share, and family allowances are three of the main inheritance rights of surviving spouses in Florida. Are there exceptions? As with almost every Florida law, there are exceptions. If a surviving spouse waived his or her inheritance rights in a prenuptial or other agreement, he or she may be out of luck. However, it never hurts to consult with a Florida probate lawyer to make sure that the inheritance rights or homestead rights were validly waived. Surviving Spouse and Homestead Florida Statute 732.401 explains that a surviving spouse in Florida takes a life estate in the homestead property UNLESS the surviving spouse elects to, instead, take an undivided one-half interest in the homestead as […]

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Florida Surviving Spouse Rights and The Importance of Timely Filings

Uncategorized Sep 25, 2019
post about Florida Surviving Spouse Rights and The Importance of Timely Filings

Has your wife or husband recently passed away in Florida? Are you a surviving spouse? Have you hired a West Palm Beach probate lawyer to help you get your inheritance? Did you know that surviving spouses in Florida have many valuable inheritance rights? If you are the surviving spouse in an inheritance dispute in Florida, you may want to read Florida Statute 732.401 and a March 15, 2019 Second DCA opinion, Samad v. Pla. Don’t Sit On Your Rights Florida probate lawyers know that surviving spouses in Florida have many inheritance rights. However, it is important to act on those rights, and act quickly. John Pankauski, managing law partner at Pankauski Hauser Lazarus, always reminds prospective and current clients that the law doesn’t reward those who sit on their rights! In Florida probate proceedings, there are many deadlines that must be met. For example, surviving spouses must make certain elections within a certain time frame. In addition, objections or filings must be filed timely. In order to know the exact deadlines, you must be familiar with the Florida Statutes. This is why hiring an experienced probate or inheritance attorney, who handles probate matters all day every day, is a good idea. What happens if you miss a deadline? You may be out of luck! Florida Statute 732.401 Florida Statute 732.401 explains that a surviving spouse in Florida takes a life estate in the homestead property UNLESS the surviving spouse elects to, instead, take an undivided one-half interest in the homestead […]

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When is a Disclaimer of an Interest in a Florida Estate Invalid?

Uncategorized Sep 19, 2019
post about When is a Disclaimer of an Interest in a Florida Estate Invalid?

How can a person give up his or her inheritance rights in Florida? What can I do if my mom left me a house in a will and I don’t want to inherit it? Can I sign away my rights to an inheritance? When should I hire a Florida probate lawyer? What is a disclaimer of interest? if you are involved in a probate or trust dispute, you may want to read a January 23, 2019 Third DCA opinion, Lee v. Lee. Lee v. Lee Here, Nicole Lee disclaimed her interest in the decedent’s Florida estate. She did so by executing a document prepared by the personal representative’s attorney. This document was called ” Disclaimer of Interest in Property of Estate.” The disclaimer was properly witnessed and notarized. However, when the personal representative of the Florida estate filed a petition for discharge seeking distribution of the estate’s assets, Ms. Lee objected. She argued that the disclaimer she had executed was not valid. The probate court court determined that the disclaimer was not valid. The probate court explained that the disclaimer was legally insufficient under section 739.104(3) of the Florida Statutes and violative of the statute of frauds because the disclaimer did not identify the real property being disclaimed. Florida Statute 739.104(3) explains what is required for a Florida disclaimer of property to be effective. The following must be met: The disclaimer must be in writing The disclaimer must declare that the writing is a disclaimer The disclaimer must describe the […]

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Florida Fifth DCA holds that disinherited beneficiaries may bring suit during the pendency of a separate will or trust contest.

Uncategorized Sep 17, 2019
post about Florida Fifth DCA holds that disinherited beneficiaries may bring suit during the pendency of a separate will or trust contest.

Do disinherited children have standing to sue the trustee or a fiduciary who is mis-managing estate or trust assets? Typically, no. But if there is a will and/or trust contest underway to restore their inheritance rights, the answer is likely yes.  Florida’s Fifth District Court of Appeals recently addressed this issue in Cruz v. Community Bank . Attorney Alexander Briggs, Esquire, of Pankauski Hauser Lazarus, PLLC successfully briefed and argued this case before the Fifth District Court of Appeal in Daytona Beach, Florida on behalf of the appellants. In Cruz, two children were essentially disinherited by their father. The son received nothing, and the daughter received only a life estate in homestead property. Shortly before his death, the father executed a trust that purported to leave most of the trust and estate assets to charity. Then the father died. The children filed an action to invalidate the will and trust on the grounds that their father did not have capacity at that time of his signature. If they succeed, they will inherit all of the trust and estate assets. While their lawsuit was pending, the trustee sent them an accounting and monthly statements with “limitations notices” that, under Section 736.1008, Florida Statutes, invoked a six-month statute of limitations for any causes of action arising from the accounting or statements. The statements tended to show that the trust property was not invested or producing income, and that it was in fact dwindling. Faced with this short deadline, the children sued for breach of trust, even […]

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Robert J. Hauser, Law Partner at Pankauski Hauser Lazarus PLLC, Featured in The Best Lawyers in America

Uncategorized Sep 16, 2019
post about Robert J. Hauser, Law Partner at Pankauski Hauser Lazarus PLLC, Featured in The Best Lawyers in America

Robert J. Hauser of Pankauski Hauser Lazarus PLLC has been chosen to be featured in the 26th Edition of The Best Lawyers in America. He is recognized for his high caliber of work in Appellate Practice. Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising of more than 8.2 million confidential evaluations by top attorneys. Since June 1, 2009, Mr. Hauser has been named a Board-Certified Specialist by The Florida Bar in Appellate Practice. Mr. Hauser remains available to consult regarding litigation and pending or potential final or non-final appeals in state, federal, or bankruptcy courts. Mr. Hauser offers trial and appellate support in almost any area of law, including personal injury, products liability, securities fraud, family law, class actions, probate/trust disputes, business disputes, real estate disputes, and county-to-circuit appeals. For a free consultation with Mr. Hauser, call (561)514-0900 ext.101.

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ROBERT J. HAUSER, PARTNER AT PANKAUSKI HAUSER LAZARUS PLLC, RECOGNIZED IN SUPER LAWYERS’ 2019 LIST OF TOP ATTORNEYS

Uncategorized Sep 16, 2019
post about ROBERT J. HAUSER, PARTNER AT PANKAUSKI HAUSER LAZARUS PLLC, RECOGNIZED IN SUPER LAWYERS’ 2019 LIST OF TOP ATTORNEYS

Super Lawyers’ 2019 Annual List of Top Attorneys names Pankauski Hauser Lazarus PLLC partner Robert J. Hauser as a “Super Lawyer” in appellate practice. This directory consists of the nation’s top attorneys who have attained a high-degree of peer recognition and professional achievement. Robert J. Hauser has been practicing in West Palm Beach since 1997, and has been board certified by the Florida Bar in appellate practice since 2009.  Mr. Hauser handles only litigation and appeals. He has handled a broad variety of matters, including complex business disputes, probate litigation, family law, health care litigation, attorneys’ fees disputes, and bankruptcy appeals. To set up an initial consultation with Mr. Hauser, call (561)268-0233 Ext.101.

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Florida Probate Litigation and Disclaimers

Uncategorized Aug 28, 2019
post about Florida Probate Litigation and Disclaimers

What is a disclaimer? When might you be asked to sign a disclaimer in your Florida probate case? What should you do if a disclaimer is presented to you by the opposing side? How can a probate lawyer help you to decide whether or not to sign a disclaimer? What constitutes a valid disclaimer in Florida? A January 23,2019 Third DCA opinion discusses a disclaimer in a Florida inheritance case, and what makes a disclaimer valid or invalid. Know What You Are Signing This may seem obvious but, before you sign ANYTHING, make sure that you read it and understand it! You would be surprised how many times our West Palm Beach probate law firm gets calls from beneficiaries who accidentally signed away their rights. Sometimes, these beneficiaries don’t even realize what they did until it is too late. In the probate world, disclaimers are common. For example, if a beneficiary does not want to have interest in , or inherit, a property, they will most likely be asked to sign a disclaimer. Before receiving an inheritance, beneficiaries are also usually asked to sign a disclaimer. In order to avoid any mistakes, and to avoid accidentally giving up valuable inheritance rights, you should have your Palm Beach inheritance lawyer review the disclaimer and go over it with you. Florida Law: Disclaimer of Property Florida Statute 739.104(3) explains what is required for a Florida disclaimer of property to be effective. The following must be met: The disclaimer must be in writing […]

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