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If I am a Surviving Spouse in Orlando, What do I Inherit?

Uncategorized Feb 1, 2019
post about If I am a Surviving Spouse in Orlando, What do I Inherit?

What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? Elective share in Florida, unless it’s waived, is an inviolate right. It doesn’t matter what is in your deceased spouse’s Florida will. Therefore, if you are a surviving spouse, don’t sleep on your inheritance rights!  You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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Florida Trust and Estate Litigation: When Can You Get Sanctions Against the Other Side?

Uncategorized Jan 31, 2019
post about Florida Trust and Estate Litigation: When Can You Get Sanctions Against the Other Side?

In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees. Florida Statute, Section 57.105( Fla. Stat. 57.105) provides that you can seek sanctions when the other side makes you fight a frivolous claim. What is a frivolous claim according to Florida inheritance law ?A frivolous claim is one that has no basis in fact or law. For example trying to probate an unsigned and unwitnessed will may constitute frivolous. However, what constitutes as frivolous is for the Florida probate court to decide. Fla. Stat. 57.105 awards you attorney fees but not costs. What is the difference between attorney fees and costs? You may want to read Home Grove Plantation HOA v. Aviv, a Fourth District Court of Appeal opinion.

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POA Lawsuits and Sibling Rivalry

Uncategorized Jan 31, 2019
post about POA Lawsuits and Sibling Rivalry

Do you believe that your mom or dad is a victim of probate fraud in Florida? What if your evil sister unduly influenced your mom to change her Palm Beach estate plan? What if your brother forced your elderly aunt into changing her POA so that he could steal from her? Has your mentally impaired parent been wrongly influenced to make changes to his or her Florida will?

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Florida Joint Trusts and Amendments

Uncategorized Jan 30, 2019
post about Florida Joint Trusts and Amendments

If you and your spouse create a trust in Florida together, can you amend it after your spouse dies? In Florida, can a trust created by a husband and wife be amended at any time? Do both settlors of a joint trust have to amend the trust together? What should probate lawyers and estate litigation lawyers know about joint trusts in Florida?  A February 27, 2009 Second DCA opinion, Provost v. Justin, discusses these issues. 

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Orlando Caveats and Estates

Uncategorized Jan 30, 2019
post about Orlando Caveats and Estates

Pankauski Hauser limits its practice to trust and probate litigation, and civil appeals, throughout Florida. Are you questioning whether or not a certain Orlando estate is being probated? What can you do to find out what’s going on with your mom or dad’s Orlando estate? Are you unsure as to whether a decedent’s Orlando estate is being administered ? What if the decedent owned you money and you’re a creditor? What if you’re an interested person or family member who is supposed to receive an inheritance and no one is telling you what’s going on?

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Can a Guardian Amend a Ward’s Trust?

Uncategorized Jan 30, 2019
post about Can a Guardian Amend a Ward’s Trust?

In Florida, guardians are appointed to care for people who cannot take care of themselves. Guardianship lawyers West Palm Beach know that the person a guardian protects is called that guardian’s ward. What are the duties of a guardian? In Florida, can a guardian amend award’s trust? Can a guardian make himself or herself the trustee of a ward’s trust?

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