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Pankauski to Speak on Elder Abuse at 2013 Academy of Florida Elder Law Attorneys at FAU

Uncategorized Sep 21, 2013

Florida probate litigator John Pankauski will speak at and facilitate conferences on elder abuse and financial exploitation of the elderly at today’s 2013 Academy of Florida Elder Law Attorneys Elder Concert, held in Boca Raton, Florida at Florida Atlantic University. Pankauski’s law firm represents wards, guardians and family members who have been the victim of financial abuse.  His firm also handles a number of contested guardianship proceedings in Florida. Pankauski is expected to lead a discussion of topics to include mis-use of powers of attorney and trusts, lawsuits involving financial and economic wrongs and torts,and how family members may be involved in Florida guardianship proceedings when dealing with one’s property and personal rights.

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Pankauski Attends American Bar Assoc. 2013 Joint Fall Meeting

Uncategorized Sep 20, 2013

Managing Member John Pankauski has continued his involvement with the Fiduciary Litigation, Ethics and Malpractice Committee of the Real Property, Trust & Estate Division of he American Bar Association. He is attending the 2013 Joint meeting of that Division and the Taxation Section this weekend in San Francisco. Pankauski is just one of a handful of Florida probate attorneys, and the only Florida probate litigator, to be actively involved.

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Pankauski Book on Trustees Set for December Publication

Uncategorized Sep 20, 2013

Florida probate attorney John Pankauski literally wrote the book on being a trustee. He and his publishing house are working feverishly to make it available for publication this December 1st.  It will be available in soft back and e-book version. Pankauski’s book is tentatively, and simply, titled The Trustee Book, and is a plain English, straightforward guide for individuals who may be a trustee.

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Getting Trial Orders Right — saving time and money on appeal

Uncategorized Sep 18, 2013

When an appellate court reviews a ruling of a trial court, it looks for a number of things. One important issue is whether the trial court considered, or did not, consider, certain evidence, testimony, documents, etc. We call that competent substantial evidence. If the appellate court is unsure what the trial court based its ruling on, it will send the case back down to the trial court. So, at the trial court, take the time to prepare a ruling that sets forth findings of fact and conclusions of law, and explains what the trial court relied on. Otherwise, clients am be spending extra time and money.

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Gifts and Beneficiary Changes Before Death: what if you die after but before………….?

Uncategorized Sep 16, 2013

In Florida, what happens if you want to change the beneficiary of, say, a life insurance policy, and you die just after you complete the paperwork?  Let’s say that you complete the paperwork and US Mail it in to the company on a Monday and you die on a Tuesday?  Or, consider that you make a gift of privately held shares of stock, say, in a family business…… You sign the transfer documents and they are scanned and emailed to the secretary of the company. But before the company makes the changes on the company’s books, you die.  

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Taking $ From Florida Bank Accounts: is it conversion or ok?

Uncategorized Sep 10, 2013

Bank account litigation in Florida has become almost a sub-specialty within the practice of law.  People litigate about what type of account was created: was it a joint account with a right of survivorship?  Was it a convenience account that “goes” to the estate of the Florida bank account owner?  Was it opened in the name of a Florida trust which means that it doesn’t become part of the estate of the owner when the Florida owner dies, but rather it is part of the Florida trust property.  And what about all those names on the bank account statement? The ones that appear on the first page next the name of the person who opened or created the Florida bank account…… What property rights do those individuals have to the Florida bank account, if any? 

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