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Category: Uncategorized

How to Read a Florida Trust

Uncategorized Feb 6, 2019
post about How to Read a Florida Trust

What do you do if there is vague language in a Florida will or trust? How do you interpret a Florida trust? How do you read a trust if it is not clear? Are their specific provisions in mom or dad’s Palm Beach trust that are confusing you? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will?What if a trust contains a sentence that could have multiple meanings?  A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates  how easy it is for people to read the same document but interpret it differently.

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Florida Probate Litigation: Costs v. Attorneys Fees

Uncategorized Feb 5, 2019
post about Florida Probate Litigation: Costs v. Attorneys Fees

Did you know that the winning party in a Florida probate lawsuit is entitled to costs? Are costs different than attorneys fees? What should my trust litigator tell me about obtaining costs and fees from the opposing party? A recent Third DCA opinion, Miami Beach Club Motel Condominium Association v. RDR Seashore, reminds us that the winning party to a Florida lawsuit is entitled to “get” costs.

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What is Undue Influence in Regards to a Florida Will Contest or Trust Lawsuit?

Uncategorized Feb 1, 2019

Our law firm, Pankauski Hauser, handles probate litigation throughout Florida. However, there is a recent Georgia case that you may find helpful if you are involved with a will contest or a probate lawsuit. In Slosberg v. Giller, the court thoroughly defines undue influence. It is always interesting for Florida probate litigation attorneys to see how other courts are defining undue influence. Furthermore,  this case may help you to understand what undue influence is, which may be relevant to your Palm Beach estate lawsuit.

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

Uncategorized Feb 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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Florida Trust and Estate Litigation: When Can You Get Sanctions Against the Other Side?

Uncategorized Jan 31, 2019
post about Florida Trust and Estate Litigation: When Can You Get Sanctions Against the Other Side?

In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees. Florida Statute, Section 57.105( Fla. Stat. 57.105) provides that you can seek sanctions when the other side makes you fight a frivolous claim. What is a frivolous claim according to Florida inheritance law ?A frivolous claim is one that has no basis in fact or law. For example trying to probate an unsigned and unwitnessed will may constitute frivolous. However, what constitutes as frivolous is for the Florida probate court to decide. Fla. Stat. 57.105 awards you attorney fees but not costs. What is the difference between attorney fees and costs? You may want to read Home Grove Plantation HOA v. Aviv, a Fourth District Court of Appeal opinion.

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