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 […]

When are Florida Trustee Fees too much? When are they “excessive”? We have previously written about Florida Trustee Compensation. In this legal commentary, Florida trust litigator John Pankauski will provide insight. We will consider the factors under Florida law. Trustee Compensation Factors to Consider in Florida The Florida Supreme Court has told us what factors to consider when it comes to Florida Trustee Fees. And trust expert lawyer John Pankauski has given us a roadmap. First, read the trust document! What does it say about compensation? If the Florida trust document says nothing about fees, then we know to follow the West Coast Hospital case factors. (See commentary below about the Robert Rauschenberg Foundation case.) If the trust document explains what the trustee fees should be, then read Florida Trust Code Section 736.108. The Florida Trust Code is a body of statutes created by the legislature for trustees and beneficiaries to follow. You can read it for free. Just CLICK HERE. In 1958, the Florida Supreme Court issued a trustee fee opinion. That trust case is called West Coast Hospital Association vs. Florida National Bank of Jacksonville. Want to know what trustee fee factors are to be considered? Check out this from the West Coast Hospital Case. Some of the factors to be considered for trustee fees in Florida are: amount of money in the trust; comparable fees for trustees in the community; success or failure of trustee at her job; whether unique or unusual skills which the trustee had […]

Florida trust beneficiaries always seem to want to REMOVE a Florida trustee. But, do you know how to suspend a Florida trustee? And, what’s the difference? Well, we have provided prior commentary about removing a Florida trustee. Now, we will discuss suspending a Florida trustee. We’ll also provide some insight from one of Florida’s top trust litigation attorneys, John Pankauski. Pankauski leads an elite group of trust and estate litigator lawyers and appellate attorneys. Heck, Pankauski literally wrote the book on family trustees. Start at the Beginning: Understanding Florida Trust Law Did you know Florida Trust Law gives great discretion to a judge? Yes. Florida Statutes §736.0201(2) permits Florida Courts to intervene in the administration of a trust. Fla. Statutes 736.0706 shows you how to remove a trustee. Trust Courts Have Great Power This authority granted to our judiciary is very broad.  It is only limited by a Court’s sound discretion.  In fact, a Court may “appoint or remove a trustee” or “determine any other matters involving trustees and beneficiaries.”   Florida Statutes §736.0201(4)(b),(g).  Want to read more?Here is a Florida trust appeal opinion that you can read for free. For a Miami-Dade appeals court case about removing a trustee, read the McCormick v. Cox case. The 3rd District Court of Appeal wrote a thorough opinion in 2013. “We often use the McCormick case” says trust litigator John Pankauski “when we are suing a bad trustee.” The McCormick case dealt with trustee removal, breaches of fiduciary duty and “unilateral” payment of […]

Listen up Florida trust beneficiaries. What is the most common question that a Florida trust litigation lawyer gets? Well, it is most probably about how to remove a Florida trustee. So, if you are a trust beneficiary, here is a guide to removing your Florida trustee. And it’s straight from the mouth of one of Florida’s most experienced trust trial attorneys, as well. Read on. Trustee Removal in Florida — the steps “If you want to remove a Florida trustee” starts trust litigator John Pankauski “You need to realize that it will be a trial.” What Pankauski means is that evidence is required in a court of law. And Pankauski should know. He is the Managing Member of an elite trust litigation law firm that also handles Florida trust appeals. He suggests you read as much as you can about Florida Trust Law. If you’d like to see a FREE VIDEO of removing a trustee based upon FITNESS, then click THIS LINK. To see a FREE FLORIDA TRUST VIDEO on trustees stealing from Florida Trusts, CLICK HERE. The 1 Law You Need to Know Florida law has a specific statute on how to remove a Florida trustee. The Florida trustee removal law is 736.0706. You can read about the circumstances which should exist to remove your trustee. And, Pankauski reminds us, “Get ready for a trial.” After all, removing a trustee requires evidence. So, Pankauski tells us, get your witnesses lined up and assemble all the documentary evidence you need […]