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When Can a Florida Lawsuit be Dismissed for Failure to Join Indispensable Parties?

Uncategorized May 3, 2019
post about When Can a Florida Lawsuit be Dismissed for Failure to Join Indispensable Parties?

What is an indispensable party in a Florida probate or business lawsuit? How does the Florida Supreme Court define an indispensable party? How do Florida probate courts and civil courts determine whether a party is indispensable or not? If you have questions about indispensable parties in Florida, you may want to read an April 22,2019 First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Although this is not a Florida probate opinion, probate trial lawyers encounter lawsuits involving indispensable parties. In this Florida appeal, one of the issues raised by the Appellants is “whether the trial court erred by failing to dismiss the case for failure to join indispensable parties.” The appellate court goes on to explain that ” The Florida Supreme Court has defined an indispensable party as ‘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.” Do you still have questions about indispensable parties and Florida lawsuits? To read the entire opinion, click here. For a free consultation with a Florida trial lawyer, call (561)514-0900 ext.101.

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Undue Influence and Probate Litigation

Uncategorized May 1, 2019
post about Undue Influence and Probate Litigation

Cases involving undue influence can be difficult, and they require assistance from a skilled probate litigator or trust and estates lawyer.Florida probate litigators rely on circumstantial evidence when litigating a case involving undue influence.Why is circumstantial evidence relied on? Because the person who would be the key witness in the case is deceased! What are the factors that should be considered to prove undue influence? What proves that a beneficiary actively procured the will that is being contested?

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The Inequitable Conduct Doctrine and Florida Probate Cases

Uncategorized May 1, 2019
post about The Inequitable Conduct Doctrine and Florida Probate Cases

According to Florida law, what is the inequitable conduct doctrine? What does this doctrine have to do with a Florida probate case? What does the inequitable conduct doctrine have to do with attorneys fees in Florida? If you are a Florida litigation lawyer or trust attorney, why should you make sure that you are familiar with this doctrine? You may wish to read a March 13, 2019 Fourth DCA opinion, Corominas v. Ajay Development Group, LLC. 

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If I am a Surviving Spouse in Orlando, What do I Inherit?

Uncategorized May 1, 2019
post about If I am a Surviving Spouse in Orlando, What do I Inherit?

What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? Elective share in Florida, unless it’s waived, is an inviolate right. It doesn’t matter what is in your deceased spouse’s Florida will. Therefore, if you are a surviving spouse, don’t sleep on your inheritance rights!  You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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Estate Litigation and the Right to an Accounting

Uncategorized Apr 30, 2019
post about Estate Litigation and the Right to an Accounting

A recent Texas appeals case, Brown v. Arenson,  involves a request for an accounting from the beneficiaries of an estate. Although this is not a Florida case, probate lawyers in Florida encounter beneficiaries seeking an accounting very frequently. Did you know that, in Florida, beneficiaries of estates and trusts have rights under the Florida Trust Code and the Florida Probate Code. If you are not receiving the information you want about an inheritance, your trust or a Palm Beach probate, you can file an action for an accounting. 

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Florida Joint Trusts and Amendments

Uncategorized Apr 30, 2019
post about Florida Joint Trusts and Amendments

If you and your spouse create a trust in Florida together, can you amend it after your spouse dies? In Florida, can a trust created by a husband and wife be amended at any time? Do both settlors of a joint trust have to amend the trust together? What should probate lawyers and estate litigation lawyers know about joint trusts in Florida?  A February 27, 2009 Second DCA opinion, Provost v. Justin, discusses these issues. 

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POA Lawsuits and Sibling Rivalry

Uncategorized Apr 30, 2019
post about POA Lawsuits and Sibling Rivalry

Do you believe that your mom or dad is a victim of probate fraud in Florida? What if your evil sister unduly influenced your mom to change her Palm Beach estate plan? What if your brother forced your elderly aunt into changing her POA so that he could steal from her? Has your mentally impaired parent been wrongly influenced to make changes to his or her Florida will?

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According to Florida Trust Law, What is a Trust Accounting?

Uncategorized Apr 30, 2019
post about According to Florida Trust Law, What is a Trust Accounting?

According to Florida Trust Law, what is a trust accounting? Is a trustee of a Florida trust required to provide beneficiaries of the trust with accountings? What can you do, as a beneficiary, if the trustee of your mother’s trust refuses to provide you with any information? How can you, as a beneficiary, find out how much the trust is worth? The use of trusts has become more and more popular. In fact, revocable or living trusts are now frequently a part of one’s basic Florida estate plan and Florida estate planning lawyers find themselves creating them often. So, what are the laws regarding them?

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