Every year, widows, widowers and surviving spouses inherit billions from Florida probates. Florida Surviving Spouse rights are very valuable for Florida estates. But most don’t want to leave money on the table. And you should know exactly how much you are entitled to. After all, the three most valuable rights a spouse has to a Florida estate are straightforward. First, Florida Homestead. Second, intestate share. Third Elective Share. Has your wife or husband recently passed away in Florida? Are you a surviving spouse? To read more FREE FLORIDA PROBATE COMMENTARY about rights of a surviving spouse, CLICK HERE. If you are the surviving spouse in an inheritance dispute in Florida, you may want to read Florida Statute 732.401 and a March 15, 2019 Second DCA opinion, Samad v. Pla. Don’t Sit on Your Inheritance Rights Florida law does not help those who sit on their rights. Florida Estate Law helps those who speak up and who EXERCISE their rights. Silence is often not a friend to surviving spouses’ inheritance rights. Florida probate lawyers know that surviving spouses in Florida have many inheritance rights. However, it is important to act on those rights, and act quickly. John Pankauski, managing law partner at Pankauski Lazarus, always reminds prospective and current clients that the law doesn’t reward those who sit on their rights! In Florida probate proceedings, there are many deadlines that must be met. For example, surviving spouses must make certain elections within a certain time frame. In addition, objections or filings […]

Are you involved in Florida litigation? Do you need to appeal an order or judgment? A good trial lawyer will know if you can appeal that order now, or whether you have to wait until the end of your case. Sometimes, you want to appeal an order now. But you can’t because the Florida Appellate Court lacks jurisdiction. Most “appealable” orders must be final. A good Florida Appellate Attorney knows that many NONFINAL orders MUST BE appealed now. Rather than waiting to the end of your Florida lawsuit. There are some Florida Appellate Rules which can create a “use it or lose it” 30 day period to appeal an order or judgment. What is Florida Rule of Appellate Procedure 9.130? You may want to read a recent 5th District Court of Appeal opinion. Hollinger v. Hollinger is a quick read to learn more about Florida probate appeals and appellate jurisdiction. Also, to read an April 29, 2021 appellate opinion on appeals and jurisdiction, click HERE. Florida Appellate Rule 9.130 Florida Rule of Appellate Procedure 9.130 discusses what nonfinal orders are appealable. It is important to consider whether the Florida appellate courts can even hear an appeal regarding the order you disagree with. If you try to appeal an order that is not appealable, the appeal may be dismissed due to the appellate court’s lack of jurisdiction. An experienced Florida appellate attorney, like Robert Hauser, Esq. at Pankauski Lazarus, can help you determine whether or not you can appeal a certain order. Hauser […]

Are you suing a trustee individually? Most trust beneficiaries want to know what their rights are when a trustee behaves badly. We have previously written about REMOVING A TRUSTEE and SUSPENDING A TRUSTEE. When should you sue a trustee both individually and as trustee of a trust in Florida? Suing a person who happens to be serving as a trustee is different than suing that person in his or her capacity as trustee. If a Florida Probate Court surcharges your trustee or finds there are damages, that trustee may have to pay personally and not from trust funds. Florida Trustee Duties Under the Florida Trust Code, a trustee has the following duties: Duty to Administer the Trust in good faith and accordance with its purposes and the Florida trust code. Duty of Loyalty. A trustee cannot engage in self dealing for its own advantage of profit, it must be loyal to the trust and beneficiaries. The trustee violates the duty of loyalty any time a transaction is entered for the trustee’s own advantage or benefit. These are general voidable by the court.  Duty of Prudence. The trustee must administer the trust as a prudent person would after considering the purpose of the trust, its terms, what the circumstances of the trust and market are etc. The trustee also cannot incur unreasonable expenses. Duty of Special Skills means that a trustee with special skills will be held responsible to utilize those skills. For example, if a person serves as a trustee who is a lawyer or accountant, that person will be held to a […]

Are you involved in a Miami guardianship proceeding? Florida Adult Guardianships seem to be on the rise. Many family members not only file for guardianship for a mother or father. They also sometimes fight over who will be in charge. Probate Judges always appoint a lawyer to represent the person who is the subject of a guardianship. But what if you want a different lawyer? We have provided thoughtful free commentary on Florida Guardianship Law, as well as the Netflix show I Care A Lot and even Britney Spears. Now, let’s talk about Florida Adult Guardianships in Miami. After all, Guardianships are not just for minors. Miami Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad. Maybe they are suffering from dementia or Alzheimers. Or, sometimes it’s more subtle. They are just slowing down. And they need some help. And, their property needs some management and protection. To read about financial exploitation or elder abuse, CLICK HERE. To see a FREE VIDEO on financial exploitation of the elderly, CLICK THIS LINK. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. Occasionally, parents of adult children may file a Florida guardianships if the adult child is unable to handle his or her needs. Florida guardianship lawyers know that guardianship […]

Do you want to contest a Miami will or inheritance? Family members have questions. That’s understandable. But before you can launch a Will Contest or an Undue Influence case, do you have legal standing? Are you an interested person under Florida Probate or Trust Law? You need to have some legal connection to launch Miami Inheritance Lawsuits. We previously provided legal commentary about Inheritance Theft. Now, let’s discuss being an interested person. Who is an “Interested Person”? Florida Probate Code Section 731.201(23) provides the following definition: “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. Note in Miami Inheritance Lawsuits, an “interested person” is NOT the same as a “person of interest”. The latter term is one which law enforcement uses. We are talking about inheritances and Florida Probates and Trusts. Not criminal law. Miami probate lawyers know that an interested person interested, in a Florida probate case, has greater rights than others. For instance, an interested person has a right to request information regarding the inventory and accounting of the Miami estate. This is information that is kept confidential from the general public. Only an interested person has standing (a legal right to be involved) in Miami probate court proceedings. An interested person can object to various pleadings and intervene in the Miami probate proceeding. For example, interested persons can object to the qualifications of the Florida personal representative, the validity of the Florida will, or the venue/jurisdiction of the court handling the Florida probate. It’s clear that the beneficiary of a Miami […]

There are Billions of dollars in Florida trusts. Defending the Florida Trustee is serious business. Almost monthly, Pankauski Lazarus offers Continuing Legal Education (CLE) webinars, which are approved by the Florida Bar. All CLE webinars are sponsored by Pankauski Lazarus and FREE to Florida Bar members. All Florida lawyers are welcome to attend. Pankauski Lazarus exclusively represents clients in matters involving disputes, trials and appeals surrounding Florida estates, business, wills and probate litigation. Therefore, if you are a Florida probate, guardianship or estate planning lawyer, many of the webinar topics may relate to your Florida practice. SAVE THE DATE: Friday, November 13, 2020, 1:00 p.m.-1:50 p.m. Pankauski Lazarus PLLC will be offering a FREE, 1 credit hour CLE on Defending the Florida Trustee- how to properly plead affirmative defenses, led by managing partner John Pankauski.  Mr. Pankauski literally wrote the book on trusts. You can purchase his Pankauski’s Trustees’ Guide on Amazon. WHERE: Online via Zoom. REGISTRATION REQUIRED: To register for this CLE webinar, click here. Once registered, you will receive an email with the link to join the webinar.  If you have any questions, or need more information, please email Amanda@phflorida.com.

Are you a surviving spouse involved in an inheritance dispute in Miami, Florida? Has your wife or husband recently passed away leaving a house or condo behind? Florida provides surviving spouse inheritance rights that are greater and more valuable than in other areas. Part of a good estate lawyer’s job is to get a widow or widower all they are entitled to. But, if you are a family member, do you know the limitations? We haver previously provided important Florida Inheritance legal commentary on spousal rights. Do you know your inheritance rights and by when you must take action? Are you already involved in inheritance litigation where an appeal may end up being filed? More Than You Can Imagine Miami lawyers know that surviving spouses have important inheritance rights. However, often times, probate battles between the decedent’s children from another marriage and the surviving spouse arise. Therefore, it’s important to have a Miami litigator on your side to help you get your inheritance. Also, Miami probate attorneys know that some inheritance lawsuits, including those regarding inheritance rights, can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. On the other hand, if you win a case, the other side may appeal. Therefore, it’s important to anticipate the possibility of having to hire an experienced Miami appellate attorney. How Do You Begin to Hire Serious Inheritance Lawyers? If you are in the process of hiring a Miami appellate firm, […]

Does a surviving spouse have rights when it comes to inheritances? Yes ! Those inheritance rights can be worth billions of dollars in Florida ! No exaggeration. A wife or a husband can, at first, be dis-inherited. But, if you did not sign a prenup, you can claim your inheritance. Sometimes, the window of time is very short. We have previously provided solid Florida law commentary on inheritances and personal financial data. After all, you need to know where your inheritance is coming from. We also blogged about a surviving spouse’s rights. What happens if my husband doesn’t include me in his Florida will or trust? What happens to my wife’s homestead property now that she has passed away? Can my husband’s adult children take away the house that I live in just because it was only in my husband’s name? Florida Surviving Spouse Rights In Florida, surviving spouses have inheritance rights to property of a deceased spouse.  In fact, there are statutory minimum benefits to ensure that surviving family members are provided for, regardless of the decedent’s intent.  What are these benefits? Homestead, elective share, and family allowances are three of the main inheritance rights of surviving spouses in Florida. Are there exceptions? As with almost every Florida law, there are exceptions. If a surviving spouse waived his or her inheritance rights in a prenuptial or other agreement, he or she may be out of luck. However, it never hurts to consult with a Florida probate lawyer to make sure that the inheritance rights or homestead […]

Florida has some very valuable property rights at death. One of the most common, litigated and valuable are the homestead rights to a Florida residence. Especially if you are a widow or surviving spouse. You Inherit More Thank You Think Florida Homestead – 6 months to get half the sale money for a widow Every Florida probate lawyer from Miami to Palm Beach knows that the homestead rights of a spouse can be very, very valuable. But, did you know that one of the most valuable probate rights that a widow has must be exercised within six months of death? That’s right. In Florida, a surviving spouse has a right to make an ELECTION to get half of the homestead sale proceeds.  Yup: sell the house, and take half. Therefore, if your wife or husband dies with a $5 million condo on the ocean in Sunny Isles or Aventura, you can ask for $2.5 million. BUT, you only have 6 months to make a proper election under Florida Probate Code Section Florida Statute 732.401. Surviving Spouse = special rights to inheritance Surviving Spouse Homestead Rights in Florida Florida Statute 732.401 explains that a surviving spouse in Florida takes a life estate in the homestead property UNLESS the surviving spouse elects to, instead, take an undivided one-half interest in the homestead as tenants in common. This Florida rule is very important to be familiar with if you are the surviving spouse, and there is a homestead property in Miami or West Palm […]

Surviving spouses have a LOT of inheritance rights. Especially when it comes to homestead! But children from a prior relationship may object. Do you know how to navigate inheriting homestead? Spouses = a special class of inheritors Do surviving spouses in Florida have inheritance rights? What inheritance rights do surviving spouses have? Can my wife give her house to someone else in her Florida will or trust? Can my husband leave me and our minor children nothing? What do spousal rights have to do with Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to? What happens to the homestead? Surviving Spouse Inheritance Rights In Florida, a surviving spouse may have rights to property of a deceased spouse.  As In re Estate of Magee discusses, there are statutory minimum benefits that must be provided for families regardless of the decedent’s intent. What are these benefits? Homestead, elective share, and family allowances are three of the main rights of surviving spouses in Florida. With that being said, these rights can be waived by a prenuptial agreement. Did you sign away your Florida inheritance rights? Talk to an experienced Florida inheritance lawyer to learn exactly what you, as a surviving spouse in Florida, are entitled to inherit. Florida Probate Laws Florida has some specific statutes, or laws, on inheriting homestead. Why? Homestead is considered one of the most important […]