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Respecting the Authority of Florida Probate Judges: the power of contempt

Uncategorized Oct 30, 2013

Are you involved in a Florida probate, estate administration or trust dispute?  If so, here are some guidelines for those who are new to probate litigation or probate administration.  First, understand that our entire judicial system, our civil procedure, our system, or mechanism for resolving disputes peacefully and fairly, is contained in a courtroom.  Second, as a society, we all agree, and are in fact better off for it, that when we disagree, we don’t take matters into our own hands. 

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Mom and Dad Gave Their Money Away?: a look at the mental capacity to make a gift in Florida

Uncategorized Oct 29, 2013

Do you wonder where all the money in your mom or dad’s estate went to?  Are you involved in a probate matter in Palm Beach County, Florida?  Many times, children and heirs believe that mom or dad died owning a lot more assets, or simply died much richer than the estate inventory or accounting shows.  So, heirs and children sometimes wonder :  where’s all the money?  When the heirs or children to a Florida probate begin to participate in the estate administration process in Florida, they may learn that lifetime gifts were made by mom or dad.

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Gold in Your Trust Portfolio or Your Florida Estate: think again

Uncategorized Oct 29, 2013

Today, the Wall Street Journal wrote in its “Money & Investing” section of that financial paper that the “gold rush” by investors to the precious metal may be slowing.   The Wall St. Journal article is a good starting point to consider gold or other precious metals in your Florida trust portfolio.  What is your Florida trust invested in?  

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Florida Estate & Trust Lawyer Pankauski Receives Preeminent AV Rating by Florida Legal Peers

Uncategorized Oct 29, 2013

John Pankauski, a trust and estate litigator in West Palm Beach, Florida, has received the highest rating from Martindale-Hubbell®  as judged by his peers: Florida probate lawyers and judges.  Martindale-Hubbell® Peer Review RatingTM provides the service of privately and selectively rating members of the Florida legal community through an extensive review of a Florida lawyer’s work among other Florida lawyers and judges.

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Financial Fraud and Financial Exploitation in Florida: a recent story from the Palm Beach Post

Uncategorized Oct 29, 2013

The Palm Beach Post reported today that a Wellington, Florida man stole $30 Million by “professing his love of God and his ability to make people rich.”  Financial abuse and fraud in Florida is rampant.  Fraud and financial exploitation continues :  even in a post-Madoff world.  While professionals like probate lawyers, who guide, advise and protect the rich, scratch their heads and wonder how this happens, the truth is…..it does. 

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Who’s Helping Mom & Dad When the Kids Move Away?: elder abuse in Florida

Uncategorized Oct 29, 2013

Are you concerned that mom or dad could be the victim of elder abuse or financial exploitation?   Many times, mom or dad retire and move to Florida, while the kids grow up, stay put and raise families of their own back home:  hundreds or thousands of miles away from mom and dad.  Life gets busy.  The job is hectic and the family needs your attention and time.  Meanwhile, mom and dad age in Florida. 

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Breach of Trust Cases in Florida Trust Litigation: are the co trustees also responsible?

Uncategorized Oct 28, 2013

Are you involved in trust litigation in Florida?   Many trust beneficiaries seek the help of trust lawyers, specifically trust litigators who assist trust beneficiaries with their inheritance rights.  A recent federal court case reminds us that pleadings in a lawsuit in federal court are different than in state court. Federal court requires more detailed allegations than a plain statement of the facts.  Additionally, this recent case reminds us that a trustee who is alleged to have committed wrongs, or who is sued for breach of trust by a trust litigator, is entitled to have others who participated in any wrong to contribute.  

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Where’s the Money?: assets and inventories in Florida estates

Uncategorized Oct 28, 2013

Where’s all of mom’s money ?  I thought dad died with a lot more.   Florida probate lawyers from West Palm Beach to Coral Springs here these comments all the time they are involved with a Palm Beach estate or a Broward County probate.  Many times heirs, beneficiaries and children wonder where their parents’ assets, bank accounts, stocks and bonds, and cash went to.

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Investing Florida Estate Assets in A “Snail Economy”: what’s a prudent Florida executor to do?

Uncategorized Oct 28, 2013

Are you concerned about how assets and property in a Florida estate are being invested?   Are you a beneficiary or heir or family member to a Florida estate which is supposed to give you your inheritance?  Or maybe you are the Florida executor, the Florida personal representative of the Florida probate and want to know how to invest.  I’m sure that your Florida probate lawyer has informed you about how an estate in Florida is administered. 

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Florida Guardianship Wars: who pays your Florida lawyer fees?

Uncategorized Oct 27, 2013

For good or for ill, the number of Florida guardianships which are contested or litigated in Palm Beach County, Florida and Broward County, Florida are exploding. Yes, Florida guardianship trials are increasing.  Probate lawsuits over who will take care of someone, who will make someone’s most personal decisions, and who will control one’s property, are increasing.  Florida guardianships are not just handling issues of who should make decisions over someone’s health, personal rights and property, but probate courts and guardianship courts from Palm Beach Gardens to Ft. Lauderdale are now judging the “fights” between family members, heirs and advisors of the person who is, may, or may not, be in need of a Florida guardian. 

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