In Florida, many probate attorneys know that a clause in a will which penalizes a beneficiary from objecting to the validity of a will is invalid. In other words, if a will “gives” you, say, 10% of the estate, and you want to object to the invalidity of the will, what do you do if the will states that any beneficiary who objects to the will “loses” their inheritance?  Well, most Florida probate lawyers know that such a “penalty” clause is in invalid.  You can still inherit or “get” your inheritance, and you can still object  (although there are a number of important requirements to do so, and some risks which the client should know about.)  There are also a number of tactical or strategic considerations.  Nonetheless, how do you know if a clause in a will is an invalid penalty clause or not?  Florida’s 5th District Court of Appeals dealt with this issue in July of this year, in the Dinkins case.  Advocate hard.  Litigate smart.

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.

Florida Probate Litigator John Pankauski will speak on ethics for Florida probate attorneys at the Delray Beach Courthouse, Palm Beach County, Florida on October 1st at noon.

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.

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.

Has the Trust been paying its federal and state income taxes? The individual serving as trustee may have personal liability for unpaid taxes.

May a Florida estate obtain photos, Tweets, social media posts and Facebook pages of a deceased person? The answer is not as clear or as simple as one might initially believe.

$12 Trillion in privately-held business interests is expected to pass from one generation to another over the next two decades.

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.

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.