West Palm Beach, Florida probate lawyer, John Pankauski, is honored to be cited in one of the country’s top legal writing on trusts. The Restatement (Third) of Trusts is a legal treatise or authority and commentary on trust law, which is used by appellate courts, academics and Florida trust lawyers. Being referred to in the Restatement of Trusts is an honor and a recognition of the accomplishment of this Florida trust litigation lawyer.
Restatement of Trust
- The Restatement of Trust, Part 6, on Trust Administration, Chapter 19, deals with Trustee Liability to Beneficiaries.
- In Section 100 Liability of Trustee for Breach of Trust, Comment d., the Restatement of Trusts cites Pankauski’s 2011 article which he published on trustees and punitive damages.
- Florida probate litigation attorney John Pankauski co-authored “Punitive Damages Against Fiduciaries, Probate Cases, and Equitable Relief” with Lawrence Steckman, Esquire and Robert Conner, both nationally known professionals on damages.
- This article on trustee liability and punitive damages was first published in the May/June, 2001 Probate & Property magazine published by the American Bar Association.
- The Restatement of Trusts quotes Pankauski and his co-authors:
“Overreaching by those who are charged with managing property for others is a great problem. Attorneys-in-fact misuse powers of attorney;trustees treat trust property as their own;childrens abuse their parent’s illnesses or frailties for their own benefit. The combination of the current, extraordinary aggregation of wealth, and the difficult economic circumstances that are afflicting so many people, have created the incentive and opportunity for fiduciaries to abuse positions of trust and confidence…Bank robber Willie Sutton, when asked why he robbed banks, famously said, ” That where the money is.” Today, bank accounts, wil-substitutes, and trust accounts, including revocable trusts, are where the money is. Grantors and beneficiaries need legal protection, and punitive damages are a critical part of the law’s deterrent arsenal…”
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml