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What is Undue Influence in Regards to a Florida Will Contest or Trust Lawsuit?

Uncategorized Feb 1, 2019

Our law firm, Pankauski Hauser, handles probate litigation throughout Florida. However, there is a recent Georgia case that you may find helpful if you are involved with a will contest or a probate lawsuit. In Slosberg v. Giller, the court thoroughly defines undue influence. It is always interesting for Florida probate litigation attorneys to see how other courts are defining undue influence. Furthermore,  this case may help you to understand what undue influence is, which may be relevant to your Palm Beach estate lawsuit.


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.


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?


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?