A probate contingency fee may be appropriate for certain family members and beneficiaries. But before you hire a lawyer for your Florida probate matter, consider the pro’s and con’s. Make sure you get your contract in writing and understand your rights and obligations. We have written about CONTINGENCY FEES in Florida before. Now, let’s focus on them in a probate case. Whether they make sense or not. For a FREE CONTINGENCY FEE VIDEO, click here. Such a compensation arrangement may be appropriate to help you get the legal representation you need to be heard in court. These type of fee arrangements may make sense for trust cases, inheritance lawsuits and probates. And I’m not talking just about a will contest. Every day, it seems that beneficiaries need legal representation to deal with their trustee or executor. And the Personal Representative. Does it make sense? When is a probate contingency fee appropriate and does it make sense? Well, many times family members want to OBJECT TO A WILL in Florida. But, they can’t afford a probate lawyer to handle their trial. After all, a will contest, for example, is a trial. And there’s lots of work that goes into preparing your case for trial. Witnesses to depose, hearings, research, discovery and gathering EVIDENCE. Many times, a family member or heir does not have thousands of dollars to pay for a probate trial. Or even to pay a retainer. Important Points That’s where a contingency fee may make sense. Here are some […]

Under Florida Trust Law, qualified beneficiaries have lots of rights. If you are the beneficiary of a Florida Trust, do you know what your rights are? Trustees also need to know what their duties to their beneficiaries are. After all, if a Trustee falls short, they commit a BREACH OF TRUST. We have provided solid free TRUST LEGAL COMMENTARY on beneficiary rights and trust disputes. Now, let’s answer the question what is a qualified beneficiary of a Florida Trust. For a free video on trust administration and beneficiary rights, click HERE. Defining Qualified Beneficiary The Florida Trust Code is found at Florida Statutes, Chapter 736. It has a set of definitions. Florida Statute 731.0103 (16) defines qualified beneficiary. To read about money and trust principal and income, click on Chapter 738, Florida Statutes. A “Qualified beneficiary” is defined as a beneficiary who is currently alive. And, on the date the beneficiary’s qualification is determined: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (a) terminated on that date without causing the trust to terminate; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated in accordance with its terms on that date. A distributee is someone to whom the trustee may give trust funds or money. Some distributees are mandatory distributees. An example of this is if the trust […]

What is breach of trust in Florida? We have previously written about breach of trust. Now, we’ll dig a bit deeper. Breaches are serious business for trustees and beneficiaries. Bad Florida Trustees Breach A breach of trust in Florida is a breach of fiduciary duty by a fiduciary. Fiduciaries can include trustees and personal representatives. Personal Representatives run estates. Trustees administer trusts. They both owe their beneficiaries serious duties. Fiduciary duties include such things as being loyal, prudent, acting in good faith and with impartiality. A breach of fiduciary duty is when a person owes another a fiduciary duty. And that fiduciary breaches, or breaks, her duties. The breach causes damage. The Florida Trust Code uses this phrase. But a breach of trust in Florida is a breach of fiduciary duty. A trustee who breaches can be ordered to return money to the trust like trustee compensation. Or damages and attorneys fees and costs. Calculating damages in a breach case is an important part of your litigation strategy. A bad trustee can also be ordered to pay a fine, also known as a surcharge. What Do Florida Appeals Courts Say Florida appellate courts interpret the law and the decisions of probate judges. They issue opinions. They tell us what the law means. To read an APPELLATE DECISION about this topic, for free, CLICK HERE.

If you are a trustee or beneficiary of a Florida Trust, you have probably heard the words “breach of trust.” But what really is a Florida Breach of Trust? Well, we are going to answer that question in plain-English. We have previously provided FREE LEGAL TRUST COMMENTARY about breach of fiduciary duty, SUSPENDING A FLORIDA TRUSTEE and also REMOVING a Florida Trustee. Let’s explore this trust concept for Florida beneficiaries and trustees. Florida Trust Law The Florida Trust Code is a set of statutes. Chapter 736 will tell you “all” you need to know ’bout trusts in Fla. You can read it for free. Trustees may want to know about DEFENDING a breach lawsuit. The truth is that a breach of trust is a breach of fiduciary duty. To read a case which DEFINES what a breach of fiduciary duty is, CLICK HERE. This case also reveals that a breach of fiduciary duty action is different from a claim to an accounting. Trustees owe their beneficiaries lots of DUTIES. When a trustee falls short or “breaks” those duties, that’s a breach. When a trustee falls below the standard of care of a reasonable trustee, she can be liable to the trust for DAMAGES. Trust beneficiaries can click HERE to learn what remedies they have against their trustee. Here is a LIST of all the duties your trustee owes you. Trust Caselaw Appellate opinions are referred to as “caselaw.” Appellate courts review trial court orders. In Florida, most trials involving a […]

Are you involved in a Florida Trust Contest? Do you know how to set aside a Trust Document in Florida? Successor Trustees of a living trust are a “necessary” or “indispensable” party to a Trust Contest. Most family members or beneficiaries who got short-changed want to know what their rights are. If you are a beneficiary who was cut out, here are some things to understand. But first. If you would like to see a FREE TRUST CONTEST VIDEO, then CLICK THIS LINK. Trust Code in Florida Chapter 736 of the Florida Statutes is the Florida Trust Code. There is a specific Florida Trust Law on Trust Contests. You can read Fla. Stat. 736.0207 by CLICKING HERE. If you would like to read the entire Florida Trust Code, Chapter 736, CLICK HERE. We have previously discussed how to “go on the offense” for your Probate Case. While we won’t discuss strategy in this commentary, strategy is important. “But” says John Pankauski, “you first need to know the trust document and trust law cold.” How To Try a Trust Contest Case Remember that a challenge to a Florida trust is begun by filing a lawsuit. Why? Because Florida Trust Law 736.0201 says so. And, “Remember” says Trust Litigation Lawyer John Pankauski “that means you have a trial on your hands.” Pankauski knows a lot about Florida Trust Contests and Trust Trials. Just last November, he and his team of expert trust litigators & trust appeals attorneys had a week long Trust […]

Is your Florida Probate Lawsuit stuck in the mud? Maybe you are sick of sports analogies. But, consider these 5 ways to go on the “offense” for your estate case. But, you need to be ready for a probate trial. If you are not ready for a trial, maybe you should consider a “Plan B.” There is a small group of excellent trial attorneys who limit their practice. They have explained HOW THEY APPROACH A PROBATE CASE. And it’s OK that this group of Experienced Trial + Appellate Attorneys is not for everyone. You need to find the right fit. Knowledge is Power: Understanding Your Probate Case First, consider your Florida Probate Lawsuit as a whole, the facts and the law. “I can’t tell you how many times I get a call from prospective clients who want to change attorneys” says Probate Litigator John Pankauski. He advises taking a step back and getting a “30,000 foot” view. There’s two things that those new or potential clients always talk about. “First, they want to go on the offense and get aggressive. Second, they don’t know exactly how much they are fighting over.” How much are your damages? How strong is your case? How weak is your opponent’s? These are all basic questions you need hard and fast answers for. If you don’t have them, maybe you don’t understand your probate case. If you are filing a WILL CONTEST, what is the basis to attack the will? A complete and thorough analysis […]

Are you wondering where your inheritance is? Did someone improperly deny you your Florida inheritance? This legal commentary will provide insight on Inheritance Theft Laws in Florida. We have already written about INHERITANCE DISPUTES and APPEALS. Now, let’s focus a bit more on inheritance theft. Civil Theft vs. Probate Remedies Civil theft is said to be one cause of action in Florida. It is one part of Inheritance Theft Laws in the sunshine state. Admittedly, this law appears to be used too much, or, perhaps improperly. Florida Statute 772.11 is the Florida Civil Theft Law. It provides a civil penalty for doing criminal things. “Clients love the Florida Civil Theft Law” says Florida litigation attorney John Pankauski “you get triple damages and attorneys fees.” BUT, Pankauski reminds us, that’s only have a judge or jury trial. AFTER you win! And he should know. Unlike a lot of Florida lawyers who want you to settle all your cases, he actually tries cases and handles appeals. Yup, he is NOT for everyone. To read more about treble or triple damages under the civil theft law in Florida, and attorneys fees, read Florida Statute 772.11 (1). Consider also reading Florida Statute 772.185. For a FREE VIDEO on civil theft and damage calculation, CLICK HERE. Probate Court Remedies The truth is that most of your remedies for inheritance theft lie in probate court, or the civil court, and don’t involve Florida’s civil theft statute. “When you are talking about inheritances” says probate litigator John […]

Specific performance is a legal remedy to compel someone to do something according to a contract. Specific performance in Miami real estate contracts was front and center recently. On March 10, 2021, the 3rd District Court of Appeal issued its opinion in the case of Mori v. Fortune Capital Partners, Inc. If you are involved in real estate contracts and the other side won’t do what you think they should, read this case. And read the Miami real estate contract. We have previously blogged about Florida real estate litigation and a Florida condo sale. To read more about a seller’s duties under a real estate contract, and a desire to get out of the contract, CLICK HERE. Real Estate Litigation What do you do when a party to a real estate contract won’t perform? “The first thing to do” says litigation attorney John Pankauski “is read the real estate contract.” Pankauski, who has litigated, drafted and reviewed numerous real estate contracts over his career, should know. He knows a thing or two about specific performance and real estate litigation. What does Florida Real Estate Law say about real estate deeds and conveyances? You can read the entire Chapter 689 for free. Beyond understanding how real estate is transferred, or conveyed, the contract holds many of your legal keys. What Does Your Real Estate Contract Say? To read this 3rd DCA opinion on Specific Performance in Miami Real Estate Contracts, CLICK THIS LINK. How long do you have to enforce your […]

Have you heard of arbitration of disputes in Florida? Would you give up your right to appear before a Judge in a public courtroom? Do you think being in front of a private arbitration panel is better? Well, we have written about Powers of Attorney and arbitration before. Now, we will consider a March 2021 3rd DCA case on arbitration. It is not a will or trust case, but it is worth reading. Why? Because it considers the issue of making third parties “go” to arbitration, who prefer to be in federal or state court. In this 3rd DCA case, a motion to compel arbitration was denied at the trial level. Another issue which trial courts deal with, with a pending motion to compel arbitration, is whether a stay should be entered. Finally, this legal commentary has some authority below regarding arbitration of will and trust disputes in Florida. Florida Arbitration Law Florida has its own Arbitration Code, Chapter 632. To read a March 10, 2021 3rd District Court of Appeal opinion on arbitration, CLICK HERE. The case of City of Miami v. Ortiz repeated a number of bedrock legal principles regarding arbitration in Florida. But what makes this recent Florida arbitration opinion interesting is that it discusses one of the “hot topics” of arbitration. Can you compel a non-signatory to arbitration? Let’s put that another way. Can you make someone who is suing you go to arbitration even when they don’t want arbitration, and they never signed any arbitration […]

What do Florida residents do when there is a real estate dispute over title? A March 12, 2021 2nd DCA opinion reminds us what a Florida Quiet Title Action is and what you need to prove. We have previously commented on Florida Homestead Litigation . Now, let’s talk about Florida Deeds that are confusing or contradictory. (For a FREE VIDEO on Florida Real Estate Litigation and the related issue of lis pendens, CLICK HERE.) Multiple Florida Deeds What do you do when there are multiple Florida Deeds? Well, first, ask yourself: will a Title Company issue a title policy? Many good Florida Real Estate Litigators consult with title companies to see if they would issue a policy. When Florida real estate is going to be sold, most buyers want a title policy. Insurance that supports what the buyer is buying is real. That the seller owns what she is claiming to own–and sell. And if the buyer is borrowing money to fund the purchase, most lenders absolutely require insurance on the title. A title policy. “Many times, we get calls from sellers who want to sell but have a title issue” says Palm Beach litigation attorney John Pankauski. “We have filed a number of quiet title or ‘dec’ actions recently.” Pankauski and his team of expert litigators often litigate over Florida Homestead and estates, but also quiet title actions and Florida deeds. Pankauski also recommends reading two Florida Chapters or sets of Statutes. He suggests reading Chapter 689 which deals […]