A recent Miami appeals court case, from Florida’s 3rd District Court of Appeals, reminds us that the winning party to a Florida lawsuit is entitled to “get” costs.

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.

What is Florida Trust Code, section 736.003? What duties do trustees in Florida have? What is the duty of impartiality? Does this duty exist in Florida? What should West Palm Beach probate lawyers know about trustee’s duties?

What is a motion to disqualify? Under what circumstances should a West Palm Beach lawyer be disqualified? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.

How do you remove a trustee in Florida? Why are Palm Beach probate litigators often told by a beneficiary that they want to remove the trustee? What actions does removing a trustee require? Does Florida law even allow a beneficiary to remove a trustee?

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.

Did you know that, if you are deemed incapacitated by a Florida guardianship court, important rights could be taken away from you? What does this mean? When should I consult with a West Palm Beach guardianship lawyer? What rights can be taken away? You may want to read Florida Statute 744.3215. 

In Florida probate litigation, who is an “interested person”? According to Florida law and the probate code, what does it mean to be an interested person? What can an interested person do? Can an interested person petition to reopen an estate?

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?

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?