Have you found yourself stuck in a crazy probate battle filled with emotion and lies? Is the other side bringing up false claims or lying under oath? Could they be found in contempt of the court? What can you do to stop them? If someone lies under oath or fails to follow a court order, they could be found in contempt of the court. In addition, their entire claim could be at risk for getting dismissed!
Can an estate in Florida be a party to litigation? NO! According to a recent Second DCA case, Spradley v. Spradley, an estate is not an entity that can be a party to a Palm Beach lawsuit. So then how do I file a claim against someone’s estate? Who do I sue? How is my Florida probate attorney going to file a lawsuit against my mother’s estate if I am not able to sue it?
Disqualification of a West Palm Beach trust lawyer is not very common in a Florida estate, probate or Florida trust case. However, trust and estate lawyers in West Palm Beach know that it is possible. How does a West Palm Beach attorney avoid being disqualified by a probate court? How can a lawyer be disqualified in a Florida probate or guardianship case? You may want to read a recent Third DCA opinion, Lopez v. Flores.
“Getting” attorneys fees in a Florida probate lawsuit may seem easier than one thinks. After all, if you have a contract awarding the “prevailing party” attorneys fees, that seems simple enough, right? Or, if you have a statute, a law, such as the attorney fees laws found in the Florida Probate Code or the Florida Trust Code, they seem straightforward, right?
Pankauski Hauser limits its practice to estate litigation, trust litigation, guardianship litigation, and civil appeals. Although we are located in West Palm Beach, we handle matters throughout the entire state of Florida. Are you involved in an undue influence lawsuit in Florida? Are you involved in a will contest or trust contest? Are allegations of undue influence flying around?
In Florida, there are billions and billions of dollars in estates every year. If you’re a beneficiary of an estate, but not in charge of the estate or administering the estate, you may have needs or questions that are different than a surviving spouse,trustee, or personal representative. Inherited wealth is different.
On March 9, 2018, Florida’s 2nd DCA clarified probate procedures by writing that the failure to file a caveat, or a petition to revoke probate, is/are not fatal to object to a will (and a petition for administration).
The Radosevich v. Bank of New York Mellon case, (Fla. 3rd DCA, April 4, 2018), opinion attached, reminds us that argument of counsel is not evidence.
Many lawyers with an estate planning or tax practice have out of state clients, who reside, own a business or residence in another state. If there is a disagreement between you and your client, could you be sued in another state? Or, to get paid, do you have to go to another state? Consider adding a mandatory forum selection clause to your legal services contract.
On April 6, 2018, the 2nd DCA handed down its written opinion which explains under what circumstances a professional guardian is serving as Emergency Temporary Guardian may be appointed as permanent guardian.