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?

An August 24, 2018 First DCA opinion, Senopoulos v. Senopoulos, regards a dispute over who is entitled to become the personal representative of a Florida estate. Did you know that a personal representative is the same thing as an executor? In Florida, we just use the term “personal representative” instead of “executor”. Is a surviving spouse entitled to be the personal representative of the decedent’s estate? Which family member is entitled to serve as the personal representative of a West Palm Beach estate? What happens if the decedent did not have a will naming who he or she would like to represent his or her estate? 

A 2011 3rd DCA opinion, Reid v. Estate of Edgar Sonder, discusses trust reformation. Did you know that it may be possible to reform a trust after the settlor of the trust passes away? What can you do if there was a drafting mistake during the creation of a trust? Do you believe that a revocable trust does not reflect the intent of the settlor due to a mistake that had occurred?  How can a West Palm Beach probate lawyer help you if you wish to petition to reform a revocable trust? 

If you are involved in a probate or inheritance dispute in Florida, your probate lawyer may frequently talk about the Florida Probate Rules. The Florida Probate Rules are very important, and probate litigators need to know them very well. However, it is important not to forget about the Rules of Civil Procedure. These rules apply in most circumstances and, certainly, when a proceeding in a probate court is adversary. Don’t forget, you can ask interrogatories to any party you want. This means that you can ask the questions you want and the party you are questioning has to respond in writing, under oath, and within 30 days. For more information regarding discovery and interrogatories in Florida probate litigation, ask your West Palm Beach probate lawyer about Rule 1.340 of the Florida Rules of Civil Procedure. You can also read the rule in its entirety below.

What is an offer of judgment? When is a proposal of settlement compliant with Florida Rule of Civil Procedure 1.442? What should my trust and estates lawyer know about the particularity requirement of rule 1.442? You may want to read a March 23,2018 Second DCA opinion, Bright House Networks v. Cassidy.

Can an Orlando trust be reformed if a mistake was made during the creation of it? When can you reform an Orlando trust? What happens if the language in an Orlando trust is not clear? What should your West Palm Beach probate lawyer know about reforming an Orlando trust?