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 […]

Unfortunately, Florida guardianship lawyers encounter many cases involving financial exploitation of the elderly or exploitation of a vulnerable adult. Palm Beach guardianship lawyers and estate attorneys frequently receive calls from concerned relatives or friends regarding an elderly person being financially exploited or abused. What are the different ways that an elderly person may be financially exploited? How can you detect if your mom or dad is being financially exploited? What should you do if you believe that your elderly relative is being taken advantage of by a caretaker or “friend”? When do you need an experienced West Palm Beach guardianship lawyer? Alzheimers and Dementia Many financial exploitation of the elderly or exploitation of a vulnerable adult cases involve elderly people with dementia or Alzheimer’s disease. Due to their vulnerability, exploiters view people with mental illnesses as easy pray. If you suspect that your elderly parent, or disabled friend, is being exploited by his or her caretaker, you may want to read Florida Statute 825.103. You may also want to learn about Florida guardianships. Florida Adult Guardianships A family member can file a Florida guardianship for an adult who is no longer able to care for himself. A Florida guardianship can protect an elderly person or disabled person from being financially exploited as long as the appointed guardian can be trusted. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. Soldatich v. Jones A January 22, 2020 Fourth DCA opinion, Soldatich v. Jones, is a great example of a Florida […]

Do you need to appeal a judgment in Florida? When do you need a West Palm Beach appellate attorney? What do appeals have to do with my Florida probate case? What are the Florida Rules of Appellate Procedure? What is Florida Rule of Appellate Procedure 9.170? You may want to read a recent Third DCA opinion, Maercks v. Maercks, to learn more about Florida probate appeals. Florida Rule of Appellate Procedure 9.170 (b) Florida Rule of Appellate Procedure 9.170(b) discusses what Florida probate and guardianship orders are appealable. It is important to consider whether the Florida appellate courts can even hear an appeal regarding the order you disagree with. If you try to appeal an order that is not appealable, the appeal may be dismissed due to the appellate court’s lack of jurisdiction. An experienced Florida probate appellate attorney, like Rob Hauser, Esq. at Pankauski Lazarus, can help you determine whether or not you can appeal a certain probate order. For a free consultation, call (561)514-0900 ext.101. Maercks v. Maercks Maercks . Maercks is a good example of a Florida appeal involving a probate order. Here, a will was admitted to probate. There was another document that the decedent had executed regarding the distribution of her assets. The personal representative, who was also a beneficiary, petitioned to have the second document admitted to probate as a codicil even though he had not included it initially. After the trial court admitted the codicil to probate, another beneficiary appealed. Did the appellate […]

What is a deposition? How are West Palm Beach lawyers holding depositions while social distancing? If I have a deposition scheduled, will it be canceled because of the Coronavirus Disease(COVID-19) pandemic? How has technology made depositions possible during social distancing? Are my West Palm Beach estate lawyers still able to take depositions and attend hearings while this is all going on? Depositions in Florida A deposition is where someone is placed in front of a video tape and/or a court reporter, and asked questions by opposing counsel. The person being deposed is required to answer the questions truthfully and under oath. Florida trial lawyers know that depositions can prove to be one of the most important events during a civil case, aside from the trial itself. It is an opportunity to gather important information from both people who may benefit a case and opposing parties. Probate and business litigators may choose to depose people who may know relevant facts to the case. For example, in a probate case, a witness to a Florida will or POA document may be deposed. In an undue influence case, a doctor who has knowledge of the victim’s Alzheimer’s disease or Dementia may be deposed. Social Distancing and Depositions How can West Palm Beach probate lawyers hold depositions while staying safe during this pandemic? Under some circumstances, depositions are done telephonically. However, at the very least, the notary or person swearing in the witness is physically with the witness. The Florida Governor’s stay-at-home order, effective April […]

How are Florida lawyers practicing law and social distancing? How has the Coronavirus Disease(COVID-19) affected Florida law firms? Can I still hire a Florida probate litigator to help me with an inheritance dispute? How has technology made practicing law possible during times like these? Are my West Palm Beach estate lawyers still able to take depositions and attend hearings while this is all going on? Are probate and business lawsuits still being filed? Florida Law and Technology As West Palm Beach trust and inheritance lawyers, the attorneys at Pankauski Lazarus know the importance of staying focused and productive, even while the world is experiencing a pandemic. Because of the CDC social distancing recommendations and requirements, many Florida law firms, including our litigation firm, are relying on technology to seamlessly continue to work on cases. The good news is that many lawyers today frequently utilize technology in their everyday practices. Therefore, they are familiar with the programs that allow them to virtually lawyer. For example, CourtCall allows Florida lawyers to easily attend hearings via telephone. Our attorneys are very familiar with CourtCall because we represent clients throughout the state of Florida. Therefore, appearing telephonically can, sometimes, be the most cost effective and convenient way. Furthermore, our Florida litigators are able to conduct telephone conferences, rather than in-person meetings, with both clients and each other. Zoom is being used for video depositions and some hearings. Plus, on April 1,2013, e-filing became mandatory throughout Florida. Therefore, petitions and court documents are filed via the […]

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 […]

What is an interest rate? What is the interest rate on a Florida judgment or decree? How much interest do you get on a Palm Beach probate judgment? What should your Florida probate lawyer know about interest rates and judgments? Current Interest Rate on Florida Judgments Quarterly, the Office of the Chief Financial Officer sets the rate of interest payable on Florida judgments and decrees. As required by F.S. §55.03(1) , the CFO sets these rates on December 1, March 1, June 1, and September 1 of each year. According to the Current Judgment Interest Rates chart, which is posted on the website of Florida’s CFO, the interest rate for Florida final judgments since October 2019 has been 6.89% per annum. Beginning January 1, 2019, the interest rate for Florida judgments will be 6.83% per annum. West Palm Beach Probate Judgments After a probate or inheritance battle, a judgment may be issued. If you are trying to collect a judgment of a million dollars, the interest that may be attached can be significant. The interest on a judgment is usually way larger than that on a bank account. Therefore, learning the rules on interest payments in a West Palm Beach or Miami probate matter may prove valuable. Ask your Florida probate lawyer how much interest you could get on your West Palm Beach probate judgment. Vice versa, you should ask your West Palm Beach trust litigator how much interest you may have to pay if a judgment against you is […]

Who is considered to be a “reasonably ascertainable creditor” in a Florida lawsuit? Who does a personal representative in Florida need to serve a notice of creditors to? If a creditor fails to file a timely claim against a West Palm Beach or Miami estate, what happens? If you are involved in Florida litigation regarding a notice to creditors, you may want to read Cantero v. Estate of Caswell. Ascertainable Creditors If you are serving as the personal representative of a Florida estate, you will have to comply with Florida Statute 733.2121. Therefore, as personal representative, you must properly publish Notice to Creditors and make a diligent search to determine creditors. Florida Statute 733.2121(3)(a) explains in more detail what the personal representative must do to ensure that he or she properly gives notice to creditors of the estate. This section states the following : “The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim.” Furthermore, in any trust or estate matter, it is very important to know filing deadlines. Under Florida Statute 733.702(1), […]

What do West Palm Beach divorces or alimony disputes have to do with Florida inheritance matters? Why are Florida divorce cases relevant to probate cases? What do Palm Beach probate litigators need to know about prenups and alimony? How important is it to hire an experienced appellate attorney for an alimony appeal? How can an appellate attorney help me to appeal a court order denying an alimony modification? Florida Prenuptial Agreements Florida probate lawyers and appellate attorneys know that a prenuptial agreement (prenup) can protect your inheritance from your spouse in the case of death or divorce. In a prenup, a person can specify how to divide up property and inheritances at the end of a marriage. It is important to know that inherited assets can be considered in the award of alimony. However, by fixing the term and amount of alimony in a prenup, entangling an inheritance with a divorce can be avoided. In the case of death, inherited assets are treated just as any other asset. Therefore, in the absence of a prenup, inherited assets are subject to spousal claims just like any other asset. If you don’t have a prenup, you may find yourself needing to hire a Florida family law attorney to represent you in an alimony battle, a West Palm Beach probate attorney to fight for your inheritance, and even an appellate attorney if a decision needs to be appealed. Nangle v. Nangle If you are involved in alimony litigation or questioning whether or not you should execute a prenup prior to marriage, you may want to […]

What is an adult guardianship? When should I consider hiring a West Palm Beach guardianship attorney? What can I do if I feel my elderly mom is being taken advantage of by a caretaker? How can I make sure that my elderly dad, who has Alzheimer’s disease, is not financially exploited? Alzheimer’s Disease, Dementia, and Exploitation of a Vulnerable Adult As guardianship litigation lawyers, we at Pankauski Lazarus frequently encounter situations where elderly adults are being taken advantage of by those trusted to care for them. It seems that elderly adults with Alzheimer’s disease and/or dementia are targeted most frequently because these particular diseases, unfortunately, can make them vulnerable. Greedy caretakers, neighbors, or friends, who know of a person’s vulnerability, may try to financially exploit them. The idea of having a caretaker or neighbor exploit your vulnerable family member can be sickening. However, there are certain things that can be done to try to prevent this from occurring. Florida Adult Guardianships You may want to consider filing for guardianship over mom and dad if they are no longer able to care for themselves. The guardianship process in Florida is taken very seriously by West Palm Beach courts because guardianship proceedings involve rights being taken away if the alleged incapacitated person is deemed incapacitated. The proceedings to determine incapacity are generally controlled by Florida Statute 744.331, and the statute must be strictly followed. To learn more about the procedures to determine incapacity in a hearing, you should read Florida Statute 744.331 […]