Firm Wins Trial in Florida Trust Action: successfully defends trustees from fraud allegations

The Pankauski Law Firm PLLC, a probate and trust law firm in West Palm Beach, Florida was victorious at trial yesterday, winning on all counts and successfully defending an individual trustee and a corporate trustee from allegations of fraud.  The trial was held in the Main Courthouse, West Palm Beach, Palm Beach County, Florida.  Pankauski Law Firm PLLC trial attorneys John Pankauski and Allison Sabocik tried the case.  The firm restricts its practice to probate and trust litigation and was retained to assist two trustees, both resident in Palm Beach County, Florida: one in West Palm Beach and one in Palm Beach Gardens.  The two co trustees did not agree with a third party’s interpretation of what the trust document stated.  The firm filed the lawsuit, seeking a declaration of just what the trust document stated:  who the trustee was, or,  how many trustees there were.  The firm argued that Florida law applied to the trust, that the trust was clear and unambiguous and that the plain language of the Florida trust appointed three persons as co-trustees.  The judge agreed.  Pankauski Law Firm PLLC’s clients won that stage of the lawsuit early on:  the trustee clients won on a summary judgment motion filed by the firm, saving the trustee clients, and the trust, much time and thousands of dollars in additional fees.  While the trustees were prepared to continue with trust administration in Florida, the defendant filed a counter suit or counter claim for fraud.   The fraud count was tried yesterday and the firm’s trustee clients successfully defended the baseless allegations of fraud.  The judge ruled from the bench for the co-trustees, stating that the party who filed the fraud count had not proven his case.  Translation:  the person alledging fraud lost.  The judge is expected to issue a detailed written order sometime next week.   Although past performance is no guarantee of future results, Florida trustees who require legal representation with a law firm that restricts its practice to trust administration and trust disputes, litigation, trials and appeals should email michelle@pankauskilawfirm.com.   Advocate hard.  Litigate smart.