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Cyber Bullying, Free Speech, and Manslaughter

Uncategorized Feb 7, 2019
post about Cyber Bullying, Free Speech, and Manslaughter

Have you heard about the case in Massachusetts that involved texting and suicide? Here, Michelle Carter was convicted of manslaughter after persuading her boyfriend, via text, to kill himself. On February 6,2019, the Supreme Judicial Court of Massachusetts upheld the conviction. Specifically, the court concluded that “the evidence against the defendant proved that, by her wanton or reckless conduct, she caused the victim’s death by suicide.” 

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Testamentary Capacity and Contesting a Will in Palm Beach

Uncategorized Feb 6, 2019
post about Testamentary Capacity and Contesting a Will in Palm Beach

There are numerous ways that a will can be contested in the state of Florida. A probate litigation lawyer or a trust attorney can help you to understand the reasons that a will can be contested. Understanding these reasons can help to reduce the chances of a dispute among heirs.  Also, knowing the ways a will can be contested will become very important if you ever find yourself in the unfortunate position of needing to know your legal rights when it comes to a will challenge. One of the main reasons a will could be challenged is if the testator, the person who signed the will, did not have what is called “testamentary capacity” to sign a will in Florida.

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Who can Execute a Valid Orlando Will?

Uncategorized Feb 6, 2019
post about Who can Execute a Valid Orlando Will?

Can anyone execute a Florida will? Can a minor execute a valid will in Palm Beach County? What is testamentary capacity? What should Florida probate lawyers know about testamentary capacity? When does a person have testamentary capacity?

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Orlando Probate Litigation: Formal Notice

Uncategorized Feb 6, 2019
post about Orlando Probate Litigation: Formal Notice

What is formal notice? When is formal notice required in Orlando probate litigation? What should Orlando probate and trust lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? 

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How to Read a Florida Trust

Uncategorized Feb 6, 2019
post about How to Read a Florida Trust

What do you do if there is vague language in a Florida will or trust? How do you interpret a Florida trust? How do you read a trust if it is not clear? Are their specific provisions in mom or dad’s Palm Beach trust that are confusing you? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will?What if a trust contains a sentence that could have multiple meanings?  A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates  how easy it is for people to read the same document but interpret it differently.

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Florida Probate Litigation: Costs v. Attorneys Fees

Uncategorized Feb 5, 2019
post about Florida Probate Litigation: Costs v. Attorneys Fees

Did you know that the winning party in a Florida probate lawsuit is entitled to costs? Are costs different than attorneys fees? What should my trust litigator tell me about obtaining costs and fees from the opposing party? A recent Third DCA opinion, Miami Beach Club Motel Condominium Association v. RDR Seashore, reminds us that the winning party to a Florida lawsuit is entitled to “get” costs.

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What is Undue Influence in Regards to a Florida Will Contest or Trust Lawsuit?

Uncategorized Feb 1, 2019

Our law firm, Pankauski Hauser, handles probate litigation throughout Florida. However, there is a recent Georgia case that you may find helpful if you are involved with a will contest or a probate lawsuit. In Slosberg v. Giller, the court thoroughly defines undue influence. It is always interesting for Florida probate litigation attorneys to see how other courts are defining undue influence. Furthermore,  this case may help you to understand what undue influence is, which may be relevant to your Palm Beach estate lawsuit.

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