When is a Florida probate or civil law firm entitled to quantum meruit fees? What should your lawyer know about attorney fee litigation in Florida? Will your West Palm Beach law firm be entitled to attorneys fees for litigating their entitlement to fees ? A recent Florida appellate opinion from the Fourth DCA discusses quantum meruit fees, bad faith, and the inequitable conduct doctrine.
The trust and estates lawyers at Pankauski Hauser frequently get calls from prospective clients who are family members of a decedent. For example, they are beneficiaries of an estate or Florida probate.These prospects are calling our probate litigation firm because they are outraged at the amount of fees that their probate lawyers are taking. Furthermore, they are usually upset with orders that have been entered regarding an attorneys fee request or motion by an attorney for the estate or the probate. Can you appeal this?
Probate lawyers know that, many times, the parties in an estate lawsuit decide to settle, rather than go to trial. When can a trial court grant a motion to approve a settlement agreement? Can an interested person in a Florida estate lawsuit appeal an order granting a motion to approve a settlement agreement? Does the court need to consider evidence before approving a motion for settlement? When should a settlement agreement NOT be approved? If you are involved in probate litigation in Florida, you may want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner.
West Palm Beach probate lawyers frequently encounter guardianship cases involving financial exploitation. Family members sometimes file incapacity proceedings in an attempt to help a person who is no longer able to care for themselves. These proceedings are called guardianships. Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation? Fort Meyers probate lawyers know that guardianships can be very beneficial IF the right person, with the best interest of the incapacitated person in mind, is the guardian.
Who can make a Florida will? What do estate planning lawyers need to know about will signing ceremonies? How old does a person have to be to make a valid will in Florida? What is Florida Statute 732.501? Does a person have to have testamentary capacity? Can a minor execute a valid will in Palm Beach County?
Palm Beach probate lawyers know that the guardianship process in Florida is not perfect, but it offers unique protections to wards in Florida.What is a ward? In an Orlando or West Palm Beach guardianship, a guardian is appointed to protect an incompetent adult or minor ward.
Did your mother or father recently pass away in Florida, owning a bank account, house, or condo? Perhaps you live out of state, not in Florida, and you’re wondering where your inheritance is? I can’t tell you how many calls we get from out of state adult children who just lost a parent who lived in Florida.
Probate lawyers throughout Florida know that injunctions can be very beneficial in some circumstances. For example, an injunction can be used to prevent a Florida trustee from wrongfully draining a decedent’s bank accounts. In addition, an injunction can prohibit someone from conducting specified financial transactions without a court order. It is important for your trust lawyer to be very familiar with the Florida laws regarding both temporary and permanent injunctions. This is so that they can properly assist you in asking the probate court for an injunction. Furthermore, if an injunction is filed against you, an experienced estate lawyer can help you dispute it.
Unfortunately, probate litigators and guardianship attorneys are seeing more and more litigation involving elderly people being taken advantage of by caretakers, power of attorneys, family members, etc. These cases often involve a POA who does not act in the best interest of the person under his or her care. Did you know that financial exploitation of the elderly is also a crime? A recent Fourth DCA opinion, Johnson v. State of Florida, discusses a case where a woman takes advantage of her elderly neighbor.
When does a person need a guardianship rather than a POA? Can I become the POA of a person if they already have dementia before they sign the POA? What do guardianship lawyers in Florida know about how suspicions and accusations of financial exploitation can be avoided? Should you file for guardianship of an elderly person that you believe needs care? How can a guardianship help to prevent an elderly family member from being taken advantage of?