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Can a Florida Law Firm Get Attorneys Fees For Litigating Its Entitlement to Quantum Meruit Fees?

Uncategorized Mar 14, 2019
post about Can a Florida Law Firm Get Attorneys Fees For Litigating Its Entitlement to Quantum Meruit Fees?

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. 

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How Do I Appeal an Award of Attoneys Fees in a Florida Probate

Uncategorized Mar 13, 2019
post about How Do I Appeal an Award of Attoneys Fees in a Florida Probate

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?

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Florida Probate Litigation: Settlement Agreements

Uncategorized Mar 13, 2019
post about Florida Probate Litigation: Settlement Agreements

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. 

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Financial Exploitation in Fort Meyers, Florida

Uncategorized Mar 13, 2019
post about Financial Exploitation in Fort Meyers, Florida

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.

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When is a Bond required in Florida Probate Litigation?

Uncategorized Mar 11, 2019
post about When is a Bond required in Florida Probate Litigation?

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.

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Lawsuits in Florida: Financial Exploitation of the Elderly

Uncategorized Mar 8, 2019
post about Lawsuits in Florida: Financial Exploitation of the Elderly

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. 

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Guardianships in Florida, POAs, and Financial Exploitation of the Elderly

Uncategorized Mar 7, 2019
post about Guardianships in Florida, POAs, and Financial Exploitation of the Elderly

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? 

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