Do you have a Florida estate plan? Did you know that meeting with an estate planning attorney can help you to avoid a Palm Beach guardianship that you do not desire ? Communities Digital News(CDN) recently reported about a former army ranger who says his parents forced him into an unnecessary guardianship. He says he was not mentally incompetent and was able to care for himself. Could you imagine not being allowed to make decisions for yourself?
What is a guardianship? When is a guardianship necessary? Can a Palm Beach guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?
Wondering where your inheritance from the Palm Beach probate is? Why won’t that personal representative make a distribution of your inheritance to you? After all, you are named in the Florida will and you are an heir ! It’s your money, right? Well…not so fast. Here are 5 things to know about getting any inheritance in Florida and what you can do to force an estate executor to make a probate distribution to you.
When can I be awarded attorneys fees in a probate or trust and estates lawsuit? What is section 57.105 of the Florida Statutes? What is a frivolous lawsuit? What is section 57.105 designed to deter? You may want to read St. Peter v. Osorio-Khor.
Are you currently serving as the personal representative of a Palm Beach estate? Are you a beneficiary or a Special Trustee of a Florida trust? The probate judge may issue orders you disagree with. What are your rights as far as refusing them? A November 16,2016 trust and estates case from the United States District Court, M.D. Florida, discusses a motion to reconsider.
Back in September of 2013, Florida’s 2nd District Court of Appeal issued its opinion in the Searle v. Bent case, 137 So. 3d 1028 (Fla. 2nd DCA, 2013). This involved a guardianship of an adult, actually someone’s mother, not a minor child. Many people think of a guardianship as being a legal proceeding for a minor, but that is certainly not always the case. In Florida, guardianships for adults are very common. And, for good or for ill, so is guardianship litigation.
Pankauski Hauser PLLC is offering TWO CLE Webinars approved by the Florida Bar for credits in December 2016. Florida Bar members are welcome to participate, free of charge, to obtain CLE credits. RSVP to Amanda@phflorida.com to receive the link to participate. These webinars will feature John Pankauski, managing partner at Pankauski Hauser PLLC. Pankauski Hauser PLLC exclusively represents clients in matters involving estate, business, wills and probate litigation. We represent beneficiaries, trustees and executors throughout Florida when disputes develop in regard to wills, trusts, administration, inheritances, investment losses, beneficiaries’ rights and many other estate, business, property & probate topics. Beneficiaries to business owners call for commercial litigation, business disputes, inheritance lawsuits, real estate litigation and appeals.
Florida’s 4th District Court of Appeal ruled October 26, 2016, that a remainder beneficiary of a Florida trust has no right to a trust accounting, when requested post-death, for the time period of the grantor’s life, absent breach of trust allegations. This was a revocable trust which became irrevocable upon the death of the grantor/settlor.
There are many great probate litigators and attorneys in South Florida. Probate litigation attorneys can help you to get through the probate process in Florida, in a timely way, and can advise you not only on your inheritance rights, but on your fiduciary duties.You should be willing and ready to communicate with the probate lawyer you choose and they should keep you informed. How do I choose the best trust and estates lawyer? What factors should I consider?
In 2009, Palm Beach Clerk Sharon Bock implemented a guardianship fraud program and hotline. This program was created “to allow anonymous tips on waste and financial fraud in court-appointed guardianships over the elderly, minor children and other wards.” Palm Beach Country Clerk & Comptroller’s Office has had major success with the program. This September, the program was recognized at the 4th World Congress on Adult Guardianship, an international recognition.