If I am subject to a guardianship in West Palm Beach, can I still get married? What is an adult guardianship? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion. Florida Guardianships Probate lawyers know that, when we talk about guardianships in Florida, we’re not talking about guardians for minors. Instead, we are talking about guardianships for adults. Adults may be subject to a guardianship if they become incapacitated and unable to care for themselves. Oftentimes, family members file for a guardianship over a loved one in order to ensure that the loved one is being properly cared for. A Florida guardianship proceeding is initiated by the filing of a petition with a probate court. This petition explains that the person you are seeking a guardian for is incapacitated and needs some protection, or rights taken away. There is then a process to determine whether the person is incapacitated. The court also considers whether there is a lesser restrictive alternative to a guardianship that adequately addresses the person’s needs. For example, if a person has a power of attorney and a revocable trust, he or she may not need a guardian. Florida Guardianship Litigation At Pankauski Hauser, guardianship matters have become a very large part of our probate practice. This is because guardianship litigation in Florida is becoming more and more frequent. Guardianship litigation […]

Venue For Probate Proceedings in Florida Venue is a legal term for where you can file a lawsuit. In other words, a venue is where actions or a lawsuit can be brought. Florida is the jurisdiction or “forum”, but venue refers to the particular county. For example, some cases can be brought in Orange County, while others can be brought in Palm Beach County. Florida Statute 47.011 & Trust Lawsuits Florida Statute 47.011 provides that “actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” Therefore, in a trust lawsuit, multiple factors will be considered to determine proper venue. Courts may consider where the trustee resides, where the trustee’s principal place of business is, where the Florida trust is being administered, etc. You should not assume that where the estate money is located is automatically a proper venue. For example, the estate money being located at a bank in Miami-Dade County, doesn’t guarantee that Miami-Dade County is a proper venue in which to sue the trustee. Venue and Florida Probate Administration Florida Statute 733.101(a) states that venue shall be in the county in this state where the decedent was domiciled. “Domicile” is defined in Florida Statute 731.201(13) as “a person’s usual place of dwelling and shall be synonymous with residence.”  Florida probate attorneys know that, if the decedent was not domiciled in Florida, his or her estate may still be probated in 1) any county where the […]

Has your Florida trust attorney advised that you transfer your West Palm Beach trust lawsuit to a different venue? Has a beneficiary of an estate filed a motion to transfer venue? Are you confused about the Florida laws pertaining to venue, and how they can affect your Florida probate matter? When should a transfer of venue be considered? What is required for a Florida court to grant a motion to transfer venue? Can you move to transfer a will contest in Broward County to a more conveniently located venue? If you are involved in Florida litigation regarding a venue transfer, you may want to read an April 10, 2019 Fourth DCA opinion, Cohen v. Scarnato. Venue and Florida Probate Litigation Florida attorneys know that venue is a legal term for where you can file a lawsuit. In other words, a venue is where actions or a lawsuit can be brought. Florida is the jurisdiction or “forum”, but venue refers to the county in which your probate lawsuit or trust dispute may be heard. For example, some cases can be brought in Miami- Dade County, while others can be brought in Orange County. Proper Venue Florida Statute 47.011 provides that “actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” Therefore, in a trust or probate lawsuit, multiple factors will be considered to determine proper venue. Courts may consider where the trustee or personal representative […]

Unfortunately, financial exploitation of the elderly has become a huge issue throughout Florida. Palm Beach guardianship lawyers and estate attorneys frequently receive calls from concerned relatives or friends regarding an elderly person being financially abused. What are the different ways that an elderly person may be financially exploited? How can you detect if your mom or dad is being financially exploited? What should you do if you believe that your elderly relative is being taken advantage of by a caretaker or “friend” ? When do you need an experienced Florida guardianship lawyer? Florida Couple Arrested for Financial Exploitation of the Elderly A recent article by Fox News describes just one way that an elderly person can be financially exploited. Here, a Florida couple allegedly stole over $50,000 from the bank account of an 82-year-old veteran. They stole most of the money by placing threatening calls to the man. They would tell him that, if he didn’t pay, he would have to go to jail. The police became aware of this scam because the poor elderly man called the Veterans Crisis Center after discovering that his bank account had been drained. He told the Crisis Center that his bank accounts were negative, and that he didn’t know what to do other than to end his own life. To read the entire article about this Florida exploitation of the elderly case, click here. Power of Attorney Mis-Use The above article discusses how an elderly person can be financially exploited by a scam […]

Did you write a Florida will while you were married? What if that marriage has ended and your forget to change your will before you pass away? Can your ex-wife or ex-husband still inherit from your will if you get a divorce? If you are involved in a Palm Beach probate matter where an ex-spouse inherits in the decedent’s will, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

Are you thinking of writing a Florida will? Who’s allowed to write a will in Florida? Can you write a Palm Beach will if you are only 15 years old? What can an estate planning attorney assist you with? What should you know before executing an Orlando will or trust? Did you know that you must be of ” sound mind” to execute a valid will in Florida? You may want to read Florida Statute 732.501. 

Is a duplicate document admissible to the same extent as an original in a Florida lawsuit? What is a negotiable instrument? What should Florida probate lawyers know about promissory note disputes? What happens if an original promissory note is lost? If you are asking these questions, or involved in West Palm Beach litigation involving a promissory note, you may want to read a recent First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, Florida News Channel did not submit the original note in question, and had failed to allege a lost note claim, or reestablish the lost note. Yet, the trial court entered judgment for Florida’s News Channel. On appeal, the appellate court explains that,” under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is admissible to the same extent as an original, but not if the document is a negotiable instrument…” In this case, the promissory note in question IS a negotiable instrument. To read more about promissory notes, negotiable instruments, and whether or not an original document is required, click here to read MBC Gospel Network, LLC v. Florida’s News Channel,LC in its entirety.

What is a promissory note? When do you need to produce the original note in court? Is a copy of a promissory note sufficient or do you need the original? What does Florida Statute 673.3091 require? If you are involved in a Florida lawsuit involving a promissory note, you may want to read an April 22,2019 First DCA opinion MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, one of the issues on appeal is ” whether the trial court erred by granting judgment without requiring Florida’s News Channel to demonstrate its entitlement to enforce the note by producing the original promissory note or reestablishing it as a lost note.” What did the First DCA decide? Was a copy of the promissory note good enough or were they required to submit the original? To read the entire opinion, click here.

What is an indispensable party? Why should your Florida trial lawyer be familiar with this term and the rules regarding it? Can my Florida lawsuit be dismissed for failure to join indispensable parties? Who is an indispensable party to my Florida lawsuit? If you are wondering whether or not someone is an indispensable party, you may want to read an April 22,2019 First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, the Florida appellate court defines what an indispensable party is. It explains that ” an indispensable party is 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.” The appellate court also explains that, when determining whether a party is indispensable, ” the relevant question is not whether the action may proceed efficiently without the missing party, but whether the action can proceed at all.” To read the entire opinion, click here.

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.