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Divorce and Inheritance Rights in Florida

Uncategorized May 15, 2019
post about Divorce and Inheritance Rights in Florida

If you are divorced, can you still inherit from your ex-spouse under his or her Florida will? How does divorce affect inheritance rights in Florida? What if an ex-spouse is a beneficiary named in the decedent’s Florida will? Does it matter if my ex-wife wrote her will before we got married rather than during our marriage?  How can divorce affect an inheritance? Did you know that getting a divorce could have a substantial effect on your inheritance rights in Florida? Palm Beach probate lawyers know that certain probate statutes limit the inheritance rights of ex-spouses in Florida. Frequently, trust and estates litigators, like the lawyers here at Pankauski Hauser, encounter cases involving ex-spouses who believe they should be inheriting what had been left to them in a will that was written during their marriage. Is that ex-spouse entitled to inherit from his or her former spouse’s Florida will even though they got a divorce? This answer can prove to be tricky, and it depends on several factors. For example, one factor to be considered is whether the will was created BEFORE the marriage or DURING the marriage. Therefore, if you are getting a divorce in West Palm Beach or anywhere in Florida, you may wish to speak to your divorce lawyers and estate lawyers about this. You may also wish to read Florida Statute 732.507(2). What is Florida Statute 732.507? If you are the ex-spouse of a decedent, and you are named in the decedent’s Florida will, you may still be out […]

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Stalking Injunctions in Florida

Uncategorized May 10, 2019
post about Stalking Injunctions in Florida

When is a stalking injunction necessary in Florida? According to Florida Statute 784.048(2), stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. You may wonder what the definition of “harass” is according to the Florida Statutes. To harass means to “engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” §784.048(1)(a), Fla. Stat. Is someone stalking you in Florida? Are you involved in Florida litigation where the person you are suing has started harassing you? Do you need a West Palm Beach lawyer to petition for injunction for protection against stalking? What Does a Stalking Injunction have to do with Florida Inheritances? West Palm Beach probate attorneys, like those at Pankauski Hauser, know that disputes over inheritances can become messy. What do we mean by “messy”? Frequently, probate lawyers who handle litigation witness family members “fight” in the courts over money and property. As John Pankauski states in his book Probate Litigation: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and- perhaps- while you’re still alive.”  Many heated Florida trust and estates battles involve sibling rivalries. For example, one sibling may sue another sibling for unduly influencing their mom, while mom had dementia or Alzheimer’s, to change her Florida will or trust. Another example would be a sister suing her brother, the brother was dad’s power of attorney (POA), for wrongly […]

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Why Should I Create an Estate Plan?

Uncategorized May 7, 2019
post about Why Should I Create an Estate Plan?

How does dementia affect probate litigation? How does dementia affect a revocable trust?  Why is it so important to meet with your Florida estate planning attorney to draft a will or trust? How can a Florida estate plan help you to avoid a guardianship? How can a solid estate plan help you if you suffer from dementia or Alzheimer’s? Why should I create an estate plan in Florida? What do probate litigators and guardianship lawyers need to know about dementia? How can dementia affect an estate?

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Probate Litigation: Florida Wills and Divorce

Uncategorized May 7, 2019
post about Probate Litigation: Florida Wills and Divorce

How can divorce affect an inheritance? Will my ex-husband still inherit from my Palm Beach estate if we get divorced? What happens if you leave an ex-spouse property in a Florida will? Are you involved in a probate matter regarding divorce and a Florida will? If so, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

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Can Your Ex Spouse Inherit From Your Florida Will If You Forget to Change It?

Uncategorized May 7, 2019
post about Can Your Ex Spouse Inherit From Your Florida Will If You Forget to Change It?

Did you write a Florida will while you were married? What if that marriage has ended and your forget to change your will before you pass away? Can your ex-wife or ex-husband still inherit from your will if you get a divorce? If you are involved in a Palm Beach probate matter where an ex-spouse inherits in the decedent’s will, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

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Florida Wills : Who Can Write a Valid Palm Beach Will?

Uncategorized May 7, 2019
post about Florida Wills : Who Can Write a Valid Palm Beach Will?

Are you thinking of writing a Florida will? Who’s allowed to write a will in Florida? Can you write a Palm Beach will if you are only 15 years old? What can an estate planning attorney assist you with? What should you know before executing an Orlando will or trust? Did you know that you must be of ” sound mind” to execute a valid will in Florida? You may want to read Florida Statute 732.501. 

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When is an Original Document, Not a Copy, Required in a Florida Lawsuit?

Uncategorized May 3, 2019
post about When is an Original Document, Not a Copy, Required in a Florida Lawsuit?

Is a duplicate document admissible to the same extent as an original in a Florida lawsuit? What is a negotiable instrument? What should Florida probate lawyers know about promissory note disputes? What happens if an original promissory note is lost? If you are asking these questions, or involved in West Palm Beach litigation involving a promissory note, you may want to read a recent First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, Florida News Channel did not submit the original note in question, and had failed to allege a lost note claim, or reestablish the lost note. Yet, the trial court entered judgment for Florida’s News Channel. On appeal, the appellate court explains that,” under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is admissible to the same extent as an original, but not if the document is a negotiable instrument…” In this case, the promissory note in question IS a negotiable instrument. To read more about promissory notes, negotiable instruments, and whether or not an original document is required, click here to read MBC Gospel Network, LLC v. Florida’s News Channel,LC in its entirety.

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Florida Lawsuits and Promissory Notes

Uncategorized May 3, 2019
post about Florida Lawsuits and Promissory Notes

What is a promissory note? When do you need to produce the original note in court? Is a copy of a promissory note sufficient or do you need the original? What does Florida Statute 673.3091 require? If you are involved in a Florida lawsuit involving a promissory note, you may want to read an April 22,2019 First DCA opinion MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, one of the issues on appeal is ” whether the trial court erred by granting judgment without requiring Florida’s News Channel to demonstrate its entitlement to enforce the note by producing the original promissory note or reestablishing it as a lost note.” What did the First DCA decide? Was a copy of the promissory note good enough or were they required to submit the original? To read the entire opinion, click here.

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How Do Florida Courts Determine Whether a Party is Indispensable?

Uncategorized May 3, 2019
post about How Do Florida Courts Determine Whether a Party is Indispensable?

Did you know that your Florida lawsuit could be dismissed for failure to join an indispensable party? Therefore, it is important to know what an indispensable party is and who qualifies as one. A recent First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC, involves the issue of whether a case should have been dismissed for failure to join indispensable parties. This opinion explains what an indispensable party is and what question is asked to determine whether or not a party is indispensable. To read the entire case and learn more about indispensable parties in Florida lawsuits, click here. To interview a trial lawyer, free of charge, call (561)514-0900 ext.101.

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What Should Your Florida Trial Lawyer Know About Indispensable Parties?

Uncategorized May 3, 2019
post about What Should Your Florida Trial Lawyer Know About Indispensable Parties?

What is an indispensable party? Why should your Florida trial lawyer be familiar with this term and the rules regarding it? Can my Florida lawsuit be dismissed for failure to join indispensable parties? Who is an indispensable party to my Florida lawsuit? If you are wondering whether or not someone is an indispensable party, you may want to read an April 22,2019 First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, the Florida appellate court defines what an indispensable party is. It explains that ” an indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that party’s interest or the interests of another party in the action.” The appellate court also explains that, when determining whether a party is indispensable, ” the relevant question is not whether the action may proceed efficiently without the missing party, but whether the action can proceed at all.” To read the entire opinion, click here.

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