Learn the secrets of having your rights determined in a Florida probate, estate or trust.

Two recent Florida appeals court opinions provide guidance on transferring a lawsuit to another court. Maybe another state. When that other court would be more convenient. These opinions also examine the evidentiary obligation of the person making the motion. And, they consider the discretion of the court to transfer a case based upon the “interests of justice.” “Everything” you need to know about forum non conveniens in 3 minutes and 12 seconds. What is forum non conveniens? If the lawsuit was filed in a court that may be proper, BUT another court may be more “appropriate.” A defendant can file a motion that asks the court to move the case to a more convenient forum. That could be in another county or state. There is “tension” in the law . Between the preference of the party filing the lawsuit to select an appropriate forum. Yes, the plaintiff generally gets to select her venue among multiple proper ones. See Rule 1.060 (b). So, where’s the legal tension? Well, the defendant can ask for a more appropriate court room. In many instances, defendants can be sued in multiple counties in Florida. If the plaintiff files in a permitted courthouse, the defendant can still ask the court to move the case. And, the court has certain discretion in the interests of justice. That’s the legal tension. Note that this type of motion is different than a motion to dismiss for failure to state a cause of action. See Florida Statutes Chapter 47 on […]

Do you really need a lawyer to explain your inheritance rights to you? Not necessarily. And, even if you do, you might not need that attorney for long, or for much work. Knowing whether you need inheritance counsel is one thing. But how do you interview and select an inheritance lawyer to your liking? 5 things to consider. Straight talk, straight from the horse’s mouth. Do you even need an attorney that deals with inheritance ? Let’s face it: not everyone needs an inheritance attorney. You just don’t. Lots of times, a trusted family member is handling the Florida Probate with a good estate lawyer who everyone trusts. There are probate rules which provide for information sharing and disclosure. You know what’s going on, when, and how things are getting done. There’s no will contest, no fighting. But, what if the trust is not there? What if the executor or personal representative is not telling you what’s going on in the probate? “Many family members are let down when the estate executor does not communicate, let alone hides information” says Probate Litigation Attorney John Pankauski. Pankauski tries to reassure prospective clients who may not be trustful of their executor. He lets them know that financial data, assets, money, and property will all be disclosed. Or, should be disclosed. He points you to all the rights which a Florida estate beneficiary has under the Probate Code. And all the duties which an executor is required to follow. But what happens when […]

Summary judgment has changed in Florida. Knowing the new rule is only part of it. You need to know how an order on summary judgment should be written. What it must say. An August, 2022 opinion helps you understand this. To view a free Legal Video on this very topic from a lawyer who actually handles this interesting legal topic, and similar matters, CLICK HERE. The Basics Summary judgment may indeed be a short cut to victory. It could avoid a trial. (Be sure to read Rule 1.510). After all, if there’s no need for a trial, why have one, right? SJ can be granted by a judge if there is no disputed issue of MATERIAL FACT. If there is a pure question of law, why not just have the judge tell you how she will rule? In other words, if the law is clear, you may be entitled to “judgment as a matter of law.” This shortcut can save you thousands of dollars in legal fees and months of time litigating. Want to read more? Update: for a 4th DCA opinion on a defective affidavit when summary judgment was sought, read the Gromann v Avatar case Recent Case In April of 2021, the Florida Supreme Court changed the summary judgment rule. One purpose was to make Florida’s rule more like the federal rule. With the new standard, it’s not enough for a court to rule. The court must rule correctly. If not, the ruling can be appealed at the […]

Understanding a charging lien Florida shouldn’t be that difficult. There are only a handful of points which you need to know. But lawyers and clients struggle to understand this obscure Florida legal concept — and about paying legal fees. Here’s some guidance from the horse’s mouth! Perspective from one who has drafted, or written, charging liens, litigated them in trial, and handled those appeals. Understanding the Basics A charging lien Florida issue typically comes to the court when there is a “fee fight.” A disagreement between a client and a lawyer. ( Note that a charging lien is different than a retaining lien . ) It generally involves non-payment of compensation by a client, or former client, to a Florida lawyer. To see a free Florida Legal video on this topic, click HERE. Lawyers, many times incorrectly, file a notice of charging lien. Why? “Notice” is one requirement for asserting a valid charging lien Florida. But when does a lawyer have such a lien? (Back in 2017, attorney John Pankauski presented a Florida Bar-approved continuing legal education seminar on this topic.) Once notice is given, or filed, the lawyer can then move the court (by filing a motion) to perfect, or rule on, the validity of it. But what is a charging lien and what are the key points you need to know? 5 Things You Need to Know

Inheritance lawyers in Florida know a thing or two about the probate process + trusts. And, also, how many times an estate can drag on and on–and on and on! Knowing HOW MUCH you inherit, and WHEN you are supposed to get your money are important. Every estate executor in Florida has a lawyer. Who’s watching your back? Inheritance or Inheritance Fight? It should be easy enough, right? To get your inheritance. Who’s responsible when it takes so long to get what is yours? Do the lawyers slow it down? Or is there someone trying to steal your inheritance? I mean Florida has lots of folks with billions and billions, if not trillions, of dollars. You have a will, maybe a trust, and you get your inheritance, right? Well, the probate process does take time. There are rules and procedures. And if money is left in a trust, you have to deal with setting up the trust. And remember, the dead person’s creditors (e.g. IRS, Uncle Sam, credit card company, mortgage, pool cleaning, cable, etc) all need to be paid before the beneficiaries see a dime. That’s why a good inheritance lawyer may be needed. Below are 5 things you may want to look for in a good Florida inheritance lawyer. 5 Questions to Ask a Florida Inheritance Lawyer Are you experienced? Some Florida lawyers write wills but also do dog bites, car crashes and slip and falls or criminal defense. Is that who you want helping you on an […]

In Florida, people have power-of-attorney documents as often as they have a will or a revocable trust. But mis-use of a “POA” causes concern. Many times, POAs take money or make gifts when they should not. So, can a Power of Attorney make gifts? To read about MISUSING a power of attorney, click this FREE LINK to Florida POA Law. Power of Attorney in Florida Let’s come out and say it : a power of attorney should not make gifts in Florida. There is even a special law about making gifts. Read Fla. Stat. 709.2202(1)(c) which prohibits making gifts ABSENT VERY SPECIFIC LANGUAGE AND PERMISSION. BUT, doesn’t every rule have exceptions. Here are some important bullet points for power of attorney law in Florida. (For a free legal video on UNDERSTANDING POWER OF ATTORNEY, click HERE.) A power of attorney is a fiduciary The person who “gives” or “creates” a power of attorney is called the “principal“ The POA is supposed to act in that person’s best interest The POA can and should spend the principal’s money — on the principal! The POA can use the power of attorney document to pay the principal’s bills The POA should not make gifts of the principal’s money unless the document specifically authorizes that The fiduciary should not make gifts of money or property to herself That’s called “self dealing” and is a “conflicted transaction” or a conflict of interest In unique or rare or limited circumstances, a principal might give the POA […]

A Florida Emergency Temporary Guardianship should only last 90 days. BUT, there are special rules. There is much written about Florida Guardianship Lawyers and what litigators refer to as CONTESTED GUARDIANSHIPS. (Click that last tab for free legal videos). To learn more about ETGs, keep reading. Florida Guardianship Law Want to learn more about Florida Guardianship Law? Start with Florida Laws Chapter 744. That’s the Florida Guardianship Code. Those are statutes which tell the judges, the court, and the litigants, and their lawyers, how things run. Do you know the difference between a “mental health” case and “guardianship” or “GA” case? Do you know why you need two cases for a guardianship? (Yes, asking the court to rule that mom or dad is not competent is different than, but related to, asking a probate judge to appoint you as guardian.) Don’t forget to read the Florida Probate Code which has special rules for all probate matters. This includes estates and probates and guardianships. Finally, where is your guardianship located? Courts in Florida are divided up into judicial circuits. Judicial circuits in Florida have divisions. Each Florida Judicial Circuit has a probate division. The probate division handles guardianships. There may be more than one judge assigned to handle guardianships. That means there can be 2 or 3 divisions that your guardianship may get assigned to. Be sure to check out the Administrative Orders & local rules for your judicial circuit as well as a judge’s set of “judicial instructions.” Most can […]

Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words. What You Need to Read How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read. The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights. Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules. I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys. Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash. Florida Guardianship Lawyer — do I really […]

Trust law in Florida is sort of specialized, right? I mean there are special rules and laws. We have previously written about hiring a Florida Trust Lawyer. Now, let’s go a bit deeper and give you another perspective. Whether you are a beneficiary, trustee, or you were cut-out of an inheritance, and need to file a TRUST CONTEST, the following should be helpful. How Do I Find the Best? Many times, wealth in passed along to a trust. You don’t get your inheritance OUTRIGHT. Your receive money or property in a Florida Trust. And you have to ask your trustee for money in many cases. That’s because many trusts give a trustee the DISCRETION to give — or not give— money to you. That’s a lot of power over a lot of money. Beneficiaries who claim that their trustee is not behaving properly may sue. Many times, those Florida trust lawsuits revolve around whether or not the trustee abused her discretion. For a free video on Trustee Abuse of Discretion, click that phrase. To read a book about being a Florida Trustee written by trust litigator John Pankauski, Esquire, click HERE. Find the Florida Trust Lawyer That’s Right For You Now, no one is telling you to run down to the county clerk’s office and file a trust lawsuit. But, it may make sense to have a Florida trust lawyer explain how your trustee is doing. How is the trust being managed? The truth is, many times beneficiaries mistakenly believe […]