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Florida Appellate Lawyers and Injunctions

Uncategorized Aug 28, 2020
post about Florida Appellate Lawyers and Injunctions

What is a Florida appeal? When do I need to hire a Florida appellate attorney? Can I appeal a circuit court’s order? Can a court orally promise something and then say something different in their written order? Florida Injunctions and Appeals Florida guardianship lawyers 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, guardianship lawyers may file other petitions for injunction if the situation deems necessary. Guardianship litigation or Florida 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 Florida appellate attorney. Hiring a Florida Injunction Lawyer If you are in the process of hiring a Florida litigation 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 occur. What if you win your West Palm Beach injunction lawsuit and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is knowledgeable about both the Florida Rules of Appellate […]

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Voluntary Dismissal of Florida Lawsuits

Uncategorized Aug 27, 2020
post about Voluntary Dismissal of Florida Lawsuits

Are you involved in a lawsuit in Florida? What is a voluntary dismissal? What should your Florida business lawyer or probate lawyer tell you before you decide to voluntarily dismiss a lawsuit? How does a voluntary dismissal affect an appeal? Can you agree to voluntarily dismiss a case in a settlement agreement?In Florida, can you appeal a trial court’s order after you voluntarily dismissed your lawsuit? Florida Trial Lawyers and Settlement Agreements At Pankauski Hauser Lazarus, our West Palm beach attorneys handle litigation and appeals throughout Florida. Although trial lawyers frequent the courtroom, they must also handle other aspects of litigation. For example, outside of the courtroom, experienced litigators prepare for depositions, negotiate settlement agreements, prepare petitions, etc. Another part of a probate litigator’s job is to provide client’s with legal options. Some clients choose to be more aggressive than others. For example, some clients are dead set on taking their Florida trust lawsuit to trial, while others prefer to settle or end their Palm Beach estate lawsuit as quickly as possible. Some probate or business lawsuits are resolved with a settlement agreement. An experienced Florida litigation lawyer can help you to negotiate settlement terms, explain to you what the terms in the agreement actually mean (prior to you signing), and ensure that the settlement agreement is executed properly. Enforcing a Florida Settlement Agreement What happens if you sign a settlement agreement and then do not comply with the terms? Oftentimes, West Palm Beach probate lawyers will seek approval of […]

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Florida Appellate Lawyers and Guardianship Cases

Uncategorized Aug 26, 2020
post about Florida Appellate Lawyers and Guardianship Cases

What is an appeal? When might I need a Florida appellate attorney in my guardianship case? When do you need to hire a Florida appellate attorney? What guardianship orders are appealable? What can I do if I do not agree with a judgment issued in my West Palm Beach guardianship proceeding?How can guardianship litigation lead to a guardianship appeal? Florida Guardianship Litigation and Appeals Florida guardianship lawyers know that some guardianship proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring Florida Guardianship and Appellate Lawyers If you are in the process of hiring a Florida law firm to assist you with guardianship 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 guardianship world, appeals do occur. What if you win a lawsuit and the other side decides to appeal? You will want to make sure you have an appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and Florida Guardianships, ready to assist. At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist […]

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Florida Trust Appeals and Evidentiary Hearings

Uncategorized Aug 25, 2020
post about Florida Trust Appeals and Evidentiary Hearings

What is an appeal? When might I need a Florida appellate attorney in my trust lawsuit? What does an evidentiary hearing have to do with an appeal? When is an evidentiary hearing required in a trust lawsuit in Florida? How should I choose a Florida appellate attorney to assist me with an appeal? Palm Beach Trust Litigation and Appeals Trust lawsuits are common in Florida. Frequently, beneficiaries sue trustees . For example, a beneficiary may sue a trustee after the trustee fails to provide an accounting or if they believe the trustee has stolen money from the trust. Beneficiaries in Florida have many rights. If the trustee is not properly upholding his or her duty as trustee, a lawsuit may be necessary. Florida probate lawyers know that some trust and estates proceedings can lead to an appeal. For example, if you disagree with a final judgment or order, you may wish to file an appeal. On the other hand, if you win, the other side may appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. Hiring Florida Trust and Estate Litigators and Appellate Lawyers If you are the beneficiary of a Florida trust, and you are in the process of hiring a Florida law firm to assist you with trust litigation, you may want to look for a law firm that is experienced in both trust litigation and appeals. In the early stages of litigation, many people fail to consider […]

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Florida Homestead – 6 months to get half the sale money for a widow

Uncategorized Aug 20, 2020
post about Florida Homestead – 6 months to get half the sale money for a widow

Florida Homestead – 6 months to get half the sale money for a widow Every Florida probate lawyer from Miami to Palm Beach knows that the homestead rights of a spouse can be very, very valuable. But, did you know that one of the most valuable probate rights that a widow has must be exercised within six months of death? That’s right. In Florida, a surviving spouse has a right to make an ELECTION to get half of the homestead sale proceeds. Therefore, if your wife or husband dies with a $5 million condo on the ocean in Sunny Isles or Aventura, you can ask for $2.5 million. BUT, you only have 6 months to make a proper election under Florida Probate Code Section Florida Statute 732.401. Surviving Spouse Homestead Rights in Florida Florida Statute 732.401 explains that a surviving spouse in Florida takes a life estate in the homestead property UNLESS the surviving spouse elects to, instead, take an undivided one-half interest in the homestead as tenants in common. This Florida rule is very important to be familiar with if you are the surviving spouse, and there is a homestead property in Miami or West Palm Beach. Would you rather be allowed to live in the property and have control of the property until you pass away, or would you rather own an undivided interest in half of the property? Owning half of the property means that you would be co-owners with the decedent’s adult children or entitled heirs. You should […]

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The “Business Records Exception” to the Hearsay Rule in Florida

Uncategorized Aug 18, 2020
post about The “Business Records Exception” to the Hearsay Rule in Florida

Are you in a lawsuit where business records are at issue? Like a Florida trust case involving bank account statements or cell phone records? Then you may need to satisfy what Florida probate lawyers call the “business records exception” before the court will even let the documents into evidence. Failing to meet the requirements of the business records exception found in Section 90.803 of the Florida Evidence Code (which you can view for free here) could sink your case. Last month, the Florida Supreme Court decided an important foreclosure case on the business records exception, overturning a prior Florida appeals court case. Read on to hear what Palm Beach trial lawyers have to say about this important case and the business records exception. What is “hearsay” and why does it matter? “Hearsay” is any statement, except for the testimony of a live witness, which is offered to a court in order to prove that what the statement says is true.  Hearsay is defined by Florida Statutes Section 90.801, which you can view for free here. Hearsay is generally inadmissible and will NOT be considered by a court unless there is an exception to the hearsay rule. For example, in an auto accident case that depends on proving whether a traffic light was red or green, a witness can testify that she saw that the light was red. However, that same witness would NOT be allowed to testify that a police officer told her that the light was red. Why the […]

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Sumner Redstone Dies: Who Will Inherit?

Uncategorized Aug 14, 2020
post about Sumner Redstone Dies: Who Will Inherit?

On August 12, 2020, The New York Times reported that renowned media mogul Sumner Redstone had passed away. He was best known for his ownership roles at both Viacom and CBS, which today are merged as ViacomCBS. Who will fight over Redstone’s wealth in probate court? What does his estate consist of? Who will inherit? Lawsuits Regarding Mental Capacity and Inheritance During his lifetime, Redstone was frequently involved in litigation. Litigation regarding his massive estate had already began prior to his death. For example, Sumner was involved in a long legal battle with a former girlfriend, Menuela Herzer. Here, Herzer challenged his mental capacity. She had originally been a beneficiary in his will and, according to a recent article in the The New York Times, she stood to inherit as much as $50 million, plus his Beverly Hills house, before she was removed from his will. In Florida, according to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a will or trust. Therefore, at the time of an estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed.” In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399. How do you challenge a Florida estate plan change if someone is not competent? Proving that someone lacked the mental capacity to change their Florida […]

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THE “TRUST EXCEPTION” TO CREDITOR CLAIMS IN FLORIDA PROBATE CASES

Uncategorized Aug 11, 2020
post about THE “TRUST EXCEPTION” TO CREDITOR CLAIMS IN FLORIDA PROBATE CASES

Are you owed money or property from someone who is deceased?  Do you need to file a Florida estate lawsuit against a deceased person?  If so, you may need to file what West Palm Beach probate lawyers call a “statement of claim” with the court handling the estate.    For more on that, you can check out the Florida Probate Code for free.  Read about Florida creditor claims by clicking here. A recent Florida appeals case in a probate tells us more about making a claim to get property from a Florida estate. But, what if you inherit from a trust? Ask your Miami estate litigator about the “trust exception” under Florida probate law. What is a statement of claim? If you are owed money or have rights against a Florida resident, then you may be what Palm Beach estate lawyers call a “creditor.”  If you are owed something, you may have less time to make a claim then you realize.  Read Florida Probate Law 733.702 on creditor claims to find out how much time you have. A statement of claim is a document filed by a “creditor” of a deceased person.  You don’t need to have a lawyer to file a statement of claim.  A probate statement of claim notifies the estate of the amount and nature of the claim.  Florida law has several requirements that must be followed to ensure the claim is validity made.  For example, statements of claim must be in a certain form, filed with the […]

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Suing a Trustee: Individually and as Trustee of a Miami Trust

Uncategorized Jul 27, 2020
post about Suing a Trustee: Individually and as Trustee of a Miami Trust

Are you involved in a lawsuit against a Florida trustee? Do you wish to sue a Florida trustee as trustee of your dad’s trust? When should you sue a Florida trustee individually ? When should you sue a trustee both individually and as trustee of a trust in Florida? Why is it important to acknowledge that suing a person who happens to be serving as a trustee is different than suing that person in his or her capacity as trustee? Florida Trustee Duties Under the Florida Trust Code, a trustee has the following duties: Duty to Administer the Trust in good faith and accordance with its purposes and the Florida trust code. Duty of Loyalty. A trustee cannot engage in self dealing for its own advantage of profit, it must be loyal to the trust and beneficiaries. The trustee violates the duty of loyalty any time a transaction is entered for the trustee’s own advantage or benefit. These are general voidable by the court.  Duty of Prudence. The trustee must administer the trust as a prudent person would after considering the purpose of the trust, its terms, what the circumstances of the trust and market are etc. The trustee also cannot incur unreasonable expenses. Duty of Special Skills means that a trustee with special skills will be held responsible to utilize those skills. For example, if a person serves as a trustee who is a lawyer or accountant, that person will be held to a hire standard. Duty to control, collect and protect the trust property, and assets.  Duty of Impartiality. If a […]

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West Palm Beach Inheritance Disputes and Petitions for Certiorari

Uncategorized Jul 26, 2020
post about West Palm Beach Inheritance Disputes and Petitions for Certiorari

What is a petition for certiorari? How are petitions for certiorari different than appeals in Florida? When can you file a petition for certiorari in your Florida probate lawsuit? What must you demonstrate to invoke the relief of certiorari in a trust and estates lawsuit? When should you seek certiorari review in a West Palm Beach trust case? Certiorari Review and Florida Estate Lawsuits During Florida trust litigation, or during a probate lawsuit, you may disagree with a trial court’s order.Can you do anything about the order while the lawsuit is still going on, or do you have to wait to file an appeal? Generally, you can only appeal final orders. However, there are exceptions. In limited circumstances, your Florida trust lawyer can seek certiorari review of an order from the appellate court. Certiorari review only becomes an option when, during litigation, the trial court “departs from the essential requirements of law.” There are three requirements that must be demonstrated to invoke the relief of certiorari: 1) you have to establish a departure from the essential requirements of the law 2) resulting in material injury for the remainder of the case 3) the injury can’t be corrected on post-judgment appeal. Basically, you must prove that the trial court made a legal error that caused irreparable harm and, therefore, you need a remedy for it now. Invoking the Relief of Certiorari Invoking the relief of certiorari is difficult and your Palm Beach probate lawyer should be experienced and knowledgeable about the […]

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