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Florida Inheritance Litigation: Statutory Interpretation

Uncategorized Feb 8, 2019
post about Florida Inheritance Litigation: Statutory Interpretation

What happens if a Florida statute could be interpreted multiple ways? How do Florida probate courts review questions of statutory interpretation? How can a Florida appellate lawyer help you to prove that a statute should have been interpreted differently? What happens if a statute is wrongly relied on in a case because it does not apply to the facts of the case? These are exactly the issues that are discussed in an August 24, 2018 Second DCA opinion, Gordon v. Fishman. 

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Pankauski Hauser Attends FAWL’s 35th Judicial Reception

Uncategorized Feb 8, 2019
post about Pankauski Hauser Attends FAWL’s 35th Judicial Reception

Members of Pankauski Hauser, including law partners John Pankauski, esq. and Jason Lazarus, esq, attended PBC  FAWL’s (Florida Association of Women Lawyers)  35th annual Judicial Reception. This reception honored  local, state, and federal judges, both past and present.  It was truly a wonderful night among colleagues, peers, and our Palm Beach County judges.

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Can a Florida Attorney Maintain His/Her Retaining Lien Until Legal Fees are Paid?

Uncategorized Feb 7, 2019
post about Can a Florida Attorney Maintain His/Her Retaining Lien Until Legal Fees are Paid?

Is a Palm Beach lawyer entitled to maintain his retaining lien until legal fees are paid? Does an estate attorney who has a valid retaining lien over a former client’s file have to give the client the file before the client pays him? Can a trust lawyer have a retaining lien on your entire client file? To find out more information about Florida lawsuits and retaining liens, you may want to read a November 6,2013 3rd DCA opinion, Fox v. Widjaya. 

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Text Messages Could Play a Huge Role in Your Florida Lawsuit

Uncategorized Feb 7, 2019
post about Text Messages Could Play a Huge Role in Your Florida Lawsuit

Have  you ever considered that those text messages you are constantly sending could appear in a future lawsuit against you? Did you know that “cyberbullying” is being taken more and more seriously by the courts? How could a text message that you sent affect your Palm Beach probate lawsuit? How could a text message cause you to lose your Florida inheritance battle? 

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Cyber Bullying, Free Speech, and Manslaughter

Uncategorized Feb 7, 2019
post about Cyber Bullying, Free Speech, and Manslaughter

Have you heard about the case in Massachusetts that involved texting and suicide? Here, Michelle Carter was convicted of manslaughter after persuading her boyfriend, via text, to kill himself. On February 6,2019, the Supreme Judicial Court of Massachusetts upheld the conviction. Specifically, the court concluded that “the evidence against the defendant proved that, by her wanton or reckless conduct, she caused the victim’s death by suicide.” 

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Testamentary Capacity and Contesting a Will in Palm Beach

Uncategorized Feb 6, 2019
post about Testamentary Capacity and Contesting a Will in Palm Beach

There are numerous ways that a will can be contested in the state of Florida. A probate litigation lawyer or a trust attorney can help you to understand the reasons that a will can be contested. Understanding these reasons can help to reduce the chances of a dispute among heirs.  Also, knowing the ways a will can be contested will become very important if you ever find yourself in the unfortunate position of needing to know your legal rights when it comes to a will challenge. One of the main reasons a will could be challenged is if the testator, the person who signed the will, did not have what is called “testamentary capacity” to sign a will in Florida.

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Who can Execute a Valid Orlando Will?

Uncategorized Feb 6, 2019
post about Who can Execute a Valid Orlando Will?

Can anyone execute a Florida will? Can a minor execute a valid will in Palm Beach County? What is testamentary capacity? What should Florida probate lawyers know about testamentary capacity? When does a person have testamentary capacity?

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Orlando Probate Litigation: Formal Notice

Uncategorized Feb 6, 2019
post about Orlando Probate Litigation: Formal Notice

What is formal notice? When is formal notice required in Orlando probate litigation? What should Orlando probate and trust lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? 

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