Frequently, financial exploitation of the elderly cases involve someone abusing or misusing a power of attorney (POA).  For example, we often see caretakers or greedy family members taking advantage of an elderly person by unduly influencing the elderly person to make them his or her POA. Once the POA is obtained, the caretaker or family member uses the POA to withdraw funds from the elderly person’s account ,or uses the POA to change the beneficiaries on the elderly person’s bank accounts. If you are looking to learn more about POA misuse and financial exploitation in Florida, you should read a recent Fourth DCA opinion, Johnson v. State of Florida. 

Do you have suspicions that the POA of an elderly person is abusing their power as POA? What can you do if a person signed a POA while incapacitated? Can a valid POA be created while the person signing the POA has dementia? Can you use a POA to withdraw money for yourself? If you believe that a POA has been used to take money from an elderly person or family member, you may want to read a recent Fourth DCA opinion, Johnson v. State of Florida.  

Did you receive an unfavorable judgment in a Florida family court or probate court? If so, you may be entitled to a motion for rehearing. What is a motion for rehearing? What should West Palm Beach probate lawyers know about motions for rehearings? What are the rules when it comes to Florida civil litigation and motions for rehearings? If you are interested in learning more about motions for rehearings in Florida, you should talk to an experienced West Palm Beach attorney. To interview Pankauski Hauser, free of charge, call (561) 514-0900 ext.101. You may also want to read a September 5, 2018 Fourth DCA appeal, Mckenzie v. Mckenzie. 

What is a pretermitted spouse? What should trust and estates attorneys in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.

What is a pour over will ? Should I speak with a Florida trust and estates lawyer to create one? What do I do if my mom has passed away leaving a pour over will?  These are all good questions.  For a more current commentary on pour over wills, click HERE.  But many heirs and family members also want to know about contesting a Florida will.

Probate and guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member.  What is a fiduciary duty? Does a probate lawyer have a fiduciary duty to his client? You may want to read about a Las Vegas lawyer who may have financially exploited his clients.

Are you worried that your incapacitated father will marry his girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Florida? How can the right to marry be taken away?

What is a constructive trust? What should West Palm Beach probate litigators know about constructive trusts? When is a constructive trust appropriate in a Palm Beach trust lawsuit? In your probate lawsuit, has the court ordered that a property is subject to a constructive trust? Do you know what that means? Experienced West Palm Beach trust lawyers know that a constructive trust is not actually a trust. Instead, a constructive trust is a flexible equitable remedy to prevent unjust enrichment by a party.

What do Florida divorces have to do with Florida probate matters? Why are Florida divorce cases relevant to probate cases? Should I have a prenuptial agreement drafted by a West Palm Beach attorney? Why should I spend the money to get a prenup when I love my future wife and want to be with her forever? What do Palm Beach probate litigators need to know about prenups? Does marriage affect estate planning in Florida?  McKenzie v. McKenzie, a September 5, 2018 appeal from the Fourth DCA, is a good example of a divorce battle that could possibly have been avoided if a prenup was in existence. Most people know that divorce can financially destroy assets but it can also destroy inheritances.

Florida probate lawyers know that a will should reflect the actual intent of the party that drafted it. So what happens when a caretaker or adult child exercises undue influence over a testator in Florida? Florida will contest lawyers may be able to set aside a will for lack of testamentary capacity, duress or fraud. Do you know how long you have to file a will contest in Florida?