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Orlando Guardianships & the Right to Marry

Uncategorized Apr 14, 2019

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?

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Attorneys Fees, Interested Persons, and Guardianship Litigation

Uncategorized Apr 11, 2019
post about Attorneys Fees, Interested Persons, and Guardianship Litigation

Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

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What Rights do Beneficiaries of a Florida Trust Have?

Uncategorized Apr 11, 2019
post about What Rights do Beneficiaries of a Florida Trust Have?

Do beneficiaries of a Florida trust have a lot of rights? What are beneficiaries of a Palm Beach trust entitled to? Can beneficiaries compel a trustee of a Florida trust to give them information? What can a beneficiary do to make sure that the trustee is acting properly? Can a beneficiary remove a trustee?

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Can my husband or wife leave me nothing in his or her Orlando Will?

Uncategorized Apr 11, 2019
post about Can my husband or wife leave me nothing in his or her Orlando Will?

What is the elective share? Florida probate lawyers know it is not as easy as it sounds to disinherit a spouse. You can disinherit a child relatively easily, just leave everything to everyone else. Estate attorneys in Florida know about the elective share statute. Do you know what it does. No matter what a spouse is left in Florida, they can elect to take the elective share. How much is it? The elective share under current Florida statute is set at 30% of the elective estate. Is that the same thing as the probate estate? Not necessarily. Estate attorneys in Florida and especially Florida will contest lawyers can tell you, it can be very easy to limit the probate estate. Simply putting everything in revocable trusts could do the trick. The elective share is not so easy to escape. Why? Because the elective estate also contains those types of property that may otherwise not be contained there. Want to learn more? You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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Does Florida Recognize Common Law Marriage?

Uncategorized Apr 11, 2019
post about Does Florida Recognize Common Law Marriage?

Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will?

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Stalking in Florida and Email Evidence

Uncategorized Apr 10, 2019
post about Stalking in Florida and Email Evidence

What is stalking? How can you obtain a stalking injunction against someone? Do you need a Florida lawyer to help you obtain a stalking injunction? What do emails and stalking have to do with each other? Can email be used as evidence to prove stalking? Stalking and Florida Probate Litigation Florida probate attorneys, like those at Pankauski Hauser Lazarus, know that disputes over inheritances can become intense. Frequently, probate lawyers who handle litigation witness family members “fight” in the courts over money and property. This can lead to nasty texts and emails being sent between siblings and/or beneficiaries. As John Pankauski states in his book Probate Litigation: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and- perhaps- while you’re still alive.”  Sibling rivalries or family disputes can escalate, and injunctions for protection against stalking can end up being filed. Stalking in Florida According to Florida Statute 784.048(2), stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. You may wonder what the definition of “harass” is according to the Florida Statutes. To harass means to “engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” §784.048(1)(a), Fla. Stat. Is someone stalking you in West Palm Beach or Boca Raton? Are you involved in Palm Beach litigation where the person you are suing has started harassing you? Do you have a crazy neighbor […]

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Florida Statute 733.212: Objecting to a Florida Probate

Uncategorized Apr 3, 2019
post about Florida Statute 733.212: Objecting to a Florida Probate

Do you know how to file an objection to a Florida will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration?

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Sibling Rivalry in Trust and Estates Lawsuits

Uncategorized Apr 3, 2019
post about Sibling Rivalry in Trust and Estates Lawsuits

Probate litigators in Florida frequently encounter cases where family members sue each other. This may sound crazy but, when an inheritance is involved, siblings can turn against one another in the blink of an eye. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. 

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