What is attorney client privilege? What does attorney- client privilege have to do with a Florida trust lawsuit? A trustee may have a different “privilege” than the “executor” of the trust creator’s estate. What should I know about ACP if I am involved in a Florida Trust Lawsuit? Can the other side request documents directly from my Florida trust lawyer? Can a Florida trial court compel my probate law firm to disclose records of a trust or estate? These are all issues which John Pankauski and his team of trust experts deal with each week. Attorney Client Privilege and Estate Planning Files Disputes regarding this matter may occur during a Florida trust or probate lawsuit. This is because, during inheritance litigation, trust beneficiaries, and other party’s to the lawsuit, usually have their Florida lawyer conduct extensive discovery. To read about serving as trustee of a Family Trust, consider this. Pankauski wrote the book on it. Pankauski’s Trustee’s Guide: 10 Steps to Family Trustee Excellence. During discovery, a party to a trust lawsuit may request the disclosure of financial documents. Or your mom or dad’s estate planning file. After all, don’t you want to see what they were talking to people about ? And you probably want to see notes on their estate plan. A party may also try to request other documents from the law firm that represents the trustee or opposing party. This may include email communications, internal notes about the case, etc. Can a Florida law firm just […]

Have you inherited a trust from a Florida estate? If you were you married at the time you received an inheritance in Florida, be careful if you get divorced. This legal commentary will focus on equitable distribution of inheritances. While you are at it, you may wish to consider how family law and estate law overlap. Family Law and Divorce Property If you are in the process of hiring a Florida law firm to assist you with Miami probate litigation, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur. What if you win a trust or divorce lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about the Florida Rules of Appellate Procedure and familiar with the Florida appeals courts. At Pankauski Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice. Florida Equitable Distribution If you want to know what is considered to be a marital asset in Florida, you should read Florida’s equitable distribution statute. The statute provides the following in part: (a) 1. “Marital assets and liabilities” include: a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them. b. The enhancement in […]

What do Miami family law or alimony modification lawsuits have to do with Florida inheritance matters? Why are Florida divorce cases relevant to probate cases? What do South Beach estate litigators need to know about prenups and alimony? How important is it to hire an experienced Miami Beach appellate attorney for an alimony appeal? How can an appellate attorney help me to appeal a court order denying an alimony modification? Miami Prenups and Inheritances Your Miami estate planning lawyer or probate attorney can tell you that a prenuptial agreement (prenup) can protect your inheritance from your spouse in the case of death or divorce. In a prenup, you can specify how to divide up property and inheritances at the end of a marriage. Miami family law and probate lawyers know that inherited assets can be considered in the award of alimony. However, by fixing the term and amount of alimony in a prenup, entangling an inheritance with a divorce can be avoided. In the case of death, inherited assets are treated just as any other asset. Therefore, in the absence of a prenup, inherited assets are subject to spousal claims just like any other asset. If you don’t have a prenup, you may find yourself needing to hire a Miami family law attorney to represent you in an alimony battle, a probate attorney to fight for your inheritance, and even a West Palm Beach appellate attorney if the modification lawsuit leads to an appeal. Florida Alimony Modification Appeals If you are involved in alimony litigation, or questioning whether or not you should […]

Florida appeals and voluntary dismissals might seem like oil and water. How can you appeal a Florida lawsuit that was the subject of a voluntary dismissal? What does the voluntary dismissal of a lawsuit have to do with an appeal? Florida Inheritance Litigation and Civil Appeals Florida lawyers know that some trust or estate cases can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. Also, if you win a Florida probate case, the other side may choose to appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. If you are in the process of hiring a Florida law firm to assist you with probate or trust litigation, you may want to look for a firm that is experienced in both litigation and appeals. If you hire a law firm that limits its practice to civil litigation and appeals, you may end up at advantage. Florida attorneys with both litigation and appellate experience know what to do during trial to ensure that issues are preserved for appeal. In addition, having experienced trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during an appeal due to the fact that the firm is already familiar with your case. If you need to hire a separate Florida appellate attorney, that attorney will need to obtain and review all of the trial level documents […]

We provided other FREE LEGAL COMMENTARY on TEMPORARY INJUNCTIONS. Now consider: What if a Miami court tells me one thing but the official order says another? You should consider reading a recent opinion, Soldatich v. Jones to learn more. Miami appeals and injunctions is a topic that seems to be coming up more and more recently. Do you need a Florida appeals lawyer to help you? Or an injunction attorney? (Yes !!) Miami Injunctions + Adult Guardianships Miami guardianship attorneys are sometimes hired to file a petition for injunction against exploitation of a vulnerable adult per section 825.1035 of the Florida Statutes. In addition, a Miami lawyer may be needed file other petitions for injunction if the situation deems necessary. Guardianship litigation or Miami injunction lawsuits can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. It’s also important to note that, if you win your case, the other side may appeal. Therefore, it’s smart to anticipate the possibility of having to hire an experienced Miami appellate attorney. Hiring a Miami Injunction Attorney If you are in the process of hiring a Miami law firm to file a petition for injunction on your behalf, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, as any litigator can tell you, appeals do […]

Are you considering filing for guardianship over a loved one? It may be difficult to do when your mom or dad are slowing down. Or faltering. But advanced age and decreased mental acuity can make loved ones susceptible to financial abuse. Adult Florida Guardianship is one way to ask a Probate Court for help. And to protect your parents’ property and their health. To read a host of FLORIDA GUARDIANSHIP topics and commentaries on the law, CLICK THIS LINK. Guardianships in Florida At Pankauski Lazarus, we frequently encounter family members who are concerned about elderly relatives and wish to file guardianships. However, it is important to consider all of the facts prior to petitioning. Is the person you are concerned about incapacitated? Does he or she suffer from dementia or Alzheimer’s? Does the person go to the grocery store and bank on his or her own or require assistance? Is the person taking care of him or herself? Also, it is important to consider the costs of filing a guardianship. Guardianship litigation can become pricy, especially if the guardianship is contested. Will your brother or sister fight you for guardianship of your mom? Chapter 744– Florida’s Guardianship Laws There are a lot of rules to help you along in the Adult Florida Guardianship process. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Miami, or anywhere in Florida, you should refer to this chapter. An experienced Florida […]

Are you involved a Florida Probate case? And it is about Florida Inheritance Lawsuit and personal financial data? One of the pressing issues is how much can you learn about money. Finances. And Personal Financial Data. Can a beneficiary request personal financial records from a Florida trustee? When can the opposing party request personal financial records from me? We have previously provided FREE FLORIDA LEGAL COMMENTARY on your Florida Right to Privacy . In Florida, there is a Constitutional right to privacy which includes financial information. Florida Trusts & Relevant Information West Palm Beach probate lawyers know that beneficiaries of a Florida trust have a right, under Florida probate and trust law, to “relevant information.” For one, beneficiaries have a right to receive an annual accounting from the trustee. In Florida, trustees actually have a duty to provide an annual accounting. Florida Statute 736.0813 (d) says that “a trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 736.08135, from the date of the last accounting or, if none, from the date on which the trustee became accountable, to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee.” If you are the beneficiary of a trust in Florida, and your trustee is not providing you with requested relevant information or accountings, you should consider consulting with an experienced West Palm Beach inheritance attorney. Unfortunately, as trust and estates litigators, we know that there are “bad” trustees out there. Sometimes, […]

If enforcing a Florida settlement agreement is so easy, why are there so many motions to enforce? What should you know before signing a settlement agreement in West Palm Beach? What should your Florida trial lawyer tell you before you decide to enter into a settlement agreement? IF someone does not comply with the settlement agreement, there is very clear caselaw on what to do next. If you would like to read about settlement agreements and PRIVILEGED COMMUNICATIONS, CLICK HERE. In Florida, how can you compel compliance with a settlement agreement? Enforcing a Written Deal If you are involved in Enforcing a Florida Settlement Agreement, you need to consider the cost. And whether or not you can recover your attorneys fees and costs. Don’t forget to insure that the court retained jurisdiction to help you. At Pankauski Hauser Lazarus, our attorneys handle probate litigation and civil appeals throughout Florida. Many times, we have to prepare, review appeal, or litigation a settlement agreement. Enforcing a Florida settlement agreement usually involves filing a motion. And be careful, because your agreement may have “prevailing party attorneys fees” provisions. The good news is that there is a lot of guidance from Florida’s Appellate Courts on what to do with settlement agreements. There are cases which are often cited when you have to enforce a settlement agreement. Although probate litigators frequent the courtroom, they must also handle other aspects of litigation. For example, outside of the courtroom, experienced trial lawyers prepare for depositions, negotiate settlement agreements, […]

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 […]