On March 1st, 2017, Pankauski Hauser partner John Pankauski completed a trial on the issue of reasonable compensation for a personal representative’s attorney whose work ended prior to complete estate administration. The trial took place in the Delray Beach Probate Court, before the Honorable Howard Coates.
What should I know about Florida’s lawyer-client privilege? Does my West Palm Beach probate litigator have to keep the details of my case private? What duties does an Orlando lawyer owe to his or her client? What is Florida Statute 90.502? Why is this an important part of Florida’s Evidence Code? What are the exception to attorney-client privilege according to this Florida Statute? If you are involve in a probate matter, you will want to familiarize yourself with Florida Statute 90.502.
Are you looking at a large Palm Beach inheritance? Do you think it’s big enough to satisfy the whole family? How can an estate planning attorney help prevent inheritance disputes? Once a trust and estates litigator helps you to inherit a large amount of money, what should you do with it?
Disqualification of a Florida lawyer is particularly important in a Florida estate, probate or Florida trust case. How can a lawyer be disqualified in a Florida probate or guardianship case? Florida estate planning attorneys, over the course of providing legal services to Florida clients, may be confronted with a potential conflict of interest. What is a conflict of interest? How does the court decide whether an attorney should be disqualified or not?
Are you being sued for something that was already settled through probate mediation or another Palm Beach estate lawsuit? The claim may be barred through a doctrine called res judicata. Check out this recent Second District Court of Appeal(DCA) case to learn more.
Do Florida probate courts recognize common law marriages? What is a common law marriage? Will Florida recognize a common law marriage if it was created in a jurisdiction outside of Florida that recognizes common law marriages? You may want to read Cohen v. Shushan, a March 15,2017 Second DCA opinion.
What is a duty of impartiality? What should your probate lawyer in West Palm Beach know about this duty? Did you know that, If you are a beneficiary of a Florida trust, the trustee owes you a duty of impartiality?
Florida does not recognize common law marriages. However, in some circumstances, it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will? You should read Florida Statute 741.211.
According to Florida law, what is a pretermitted spouse? What should probate litigators in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.
An August 3, 2016 appeal out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate. However, this case shows that it is not as easy as you may think.