1-561-514-0900 FREE CONSULTATION

Florida Trust Beneficiary Bill of Rights by Pankauski Hauser PLLC

Uncategorized Oct 4, 2016
post about Florida Trust Beneficiary Bill of Rights by Pankauski Hauser PLLC

For trusts which are administered according to Florida law, trust beneficiaries have a LOT, I mean, a LOT, of rights. Most trust beneficiaries realize that you are entitled to trust accountings, but that’s just the tip of the legal/beneficiary rights iceberg. Although our trust litigation law firm in Florida has a robust defense practice of assisting trustees with the administration of trusts, we also are hired by a number of beneficiaries who need help getting information from their trustee. Many times, a trustee simply won’t tell the beneficiary where the money is, how the trust property is being handled, or what the money is being spent on. The Florida trust beneficiary is in the dark. And when trustees act like that, they can get into a lot of trouble.

READ MORE

Donald Trump’s Taxes & Probate Lawsuits – what you need to know

Uncategorized Oct 4, 2016
post about Donald Trump’s Taxes & Probate Lawsuits – what you need to know

Donald Trump’s taxes, or, rather, his federal income tax returns, have been the center of attention, and the news. Can someone get a copy of your taxes in a Florida trust or estate case? The New York Times claims that Donald Trump filed for a $900 Million loss on his 1995 taxes, or, rather, his federal income tax return.  People involved in probate litigation in Florida may be asking their estate lawyer whether THEIR income taxes can be “discovered” . Well, here are three things to know about Florida estate lawsuits, and whether someone can get to see your tax returns.

READ MORE

Are Mandatory Arbitration Provisions in Nursing Home Contracts Going Away?

Uncategorized Sep 29, 2016
post about Are Mandatory Arbitration Provisions in Nursing Home Contracts Going Away?

Two significant rulings occurred for those who seek admission to a care facility, which elder law attorneys, and even personal injury lawyers, should take note of. As we age, many of us require additional services and attention. Florida, for example, has a robust elderly population, and in response to the graying of America, a number of nursing homes, assistant living facilities and other care facilities have opened up and expanded. When being admitted to a care facility, many times, the admission documents, or contract, contain a mandatory arbitration provision, providing that any disputes between the resident or patient, and the care facility, should NOT go to a state or federal court, but rather to arbitration. If this sounds like a contract with your stock broker, you are right on the money.But are these mandatory arbitration provisions appropriate? What if the resident or patient is not well enough to admit himself or herself and an adult child or POA signs them in? Can that adult child or power of attorney (attorney in fact, in Florida) who signs a contract with the care facility bind the patient or resident to a mandatory arbitration provision? Well, it depends…………..

READ MORE

Establishing Paternity and Florida Estates – September 7,2016 Third District Court of Appeal Opinion

Uncategorized Sep 28, 2016
post about Establishing Paternity and Florida Estates – September 7,2016 Third District Court of Appeal Opinion

What statute of limitations is applicable to paternity actions? How do Florida courts determine beneficiaries of a putative father’s intestate estate? According to Florida law, what does it mean to die intestate? If you are involved in inheritance litigation, you may want to read Rose v. Sonson, a Third DCA opinion regarding paternity and an intestate estate.

READ MORE

Third Party Beneficiaries and Arbitration Provisions

Uncategorized Sep 27, 2016
post about Third Party Beneficiaries and Arbitration Provisions

Are you involved in contract litigation in Florida? Does a contract you signed or created include an arbitration provision? What should your Florida probate litigator know about third party beneficiaries?  If you are involved in a lawsuit regarding a contract with an arbitration provision, in Florida, you may want to read Mendez v. Hampton Court Nursing Center, LLC.

READ MORE

Inheritance Laws: Shimon Peres, Leader and Ex-President of Israel, Dies

Uncategorized Sep 27, 2016
post about Inheritance Laws: Shimon Peres, Leader and Ex-President of Israel, Dies

According to a September 28, 2016 USA Today article, Shimon Peres has passed away at 93 years old. He was renowned as a peace leader and “Israel’s most senior statesman.” What does his estate consist of? Who will inherit from it? Did he set up an estate plan that resembles a Florida estate plan? What did his estate planning lawyer advise him to do to protect his wealth?

READ MORE