Members of Pankauski Hauser, including law partners John Pankauski, esq. and Jason Lazarus, esq, attended PBC FAWL’s (Florida Association of Women Lawyers) 35th annual Judicial Reception. This reception honored local, state, and federal judges, both past and present. It was truly a wonderful night among colleagues, peers, and our Palm Beach County judges.
A retaining lien in Florida may permit an attorney to retain its files until she is paid for her services. There are only a handful of points that are easy to grasp to understand this concept. It’s different than, but related to, a charging lien. And, there was a 2021 Florida Bar revised or reconsidered opinion on this topic which is a must read. What is a retaining lien? A retaining lien in Florida is a right. The right belongs to a lawyer or law firm. It is a form of security. To provide some assurance that a lawyer will be paid. If it is valid, it attaches to files. Papers, documents, notes, drafts. …. sometimes ! Maybe! Why? Because the Florida Bar just issued an ethics opinion on lawyer liens on March 23, 2021. It is a must read. That 2021 opinion is a reconsideration of Florida Bar Ethics Opinion 88-11 which was issued on August 1, 1988. To read the 2021 reconsideration, click HERE. How do I learn more? Consider reading an opinion from Florida’s 3rd District Court of Appeal. A 2010 opinion tells you more about this obscure legal topic. That opinion also distinguishes a charging lien from a retaining lien. To see free Florida Legal videos on charging liens, click HERE.
Have you ever considered that those text messages you are constantly sending could appear in a future lawsuit against you? Did you know that “cyberbullying” is being taken more and more seriously by the courts? How could a text message that you sent affect your Palm Beach probate lawsuit? How could a text message cause you to lose your Florida inheritance battle?
Have you heard about the case in Massachusetts that involved texting and suicide? Here, Michelle Carter was convicted of manslaughter after persuading her boyfriend, via text, to kill himself. On February 6,2019, the Supreme Judicial Court of Massachusetts upheld the conviction. Specifically, the court concluded that “the evidence against the defendant proved that, by her wanton or reckless conduct, she caused the victim’s death by suicide.”
There are numerous ways that a will can be contested in the state of Florida. A probate litigation lawyer or a trust attorney can help you to understand the reasons that a will can be contested. Understanding these reasons can help to reduce the chances of a dispute among heirs. Also, knowing the ways a will can be contested will become very important if you ever find yourself in the unfortunate position of needing to know your legal rights when it comes to a will challenge. One of the main reasons a will could be challenged is if the testator, the person who signed the will, did not have what is called “testamentary capacity” to sign a will in Florida.
Can anyone execute a Florida will? Can a minor execute a valid will in Palm Beach County? What is testamentary capacity? What should Florida probate lawyers know about testamentary capacity? When does a person have testamentary capacity?
What is formal notice? When is formal notice required in Orlando probate litigation? What should Orlando probate and trust lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee?
When can you freeze an account or get an injunction over financial assets? Are you involved in probate litigation involving estates, Orlando inheritances and/or trusts? Has a trustee, or someone who had access to someone’s money, misused a power of attorney or improperly taken money?
What do you do if there is vague language in a Florida will or trust? How do you interpret a Florida trust? How do you read a trust if it is not clear? Are their specific provisions in mom or dad’s Palm Beach trust that are confusing you? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will?What if a trust contains a sentence that could have multiple meanings? A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates how easy it is for people to read the same document but interpret it differently.
Did you know that the winning party in a Florida probate lawsuit is entitled to costs? Are costs different than attorneys fees? What should my trust litigator tell me about obtaining costs and fees from the opposing party? A recent Third DCA opinion, Miami Beach Club Motel Condominium Association v. RDR Seashore, reminds us that the winning party to a Florida lawsuit is entitled to “get” costs.