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Who is Entitled to Appointment as Personal Representative of an Intestate Florida Estate?

Uncategorized Jan 29, 2019
post about Who is Entitled to Appointment as Personal Representative of an Intestate Florida Estate?

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? 

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When Can You Reform a Florida Trust?

Uncategorized Jan 29, 2019
post about When Can You Reform a Florida Trust?

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? 

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Does a Florida Will Need to be in Writing?

Uncategorized Jan 29, 2019
post about Does a Florida Will Need to be in Writing?

Does a Florida will need to be in writing? Yes! Does the Palm Beach probate court recognize oral wills? No! What if I recorded what I want to happen to my Boca Raton estate on my iPhone? Is this a valid will? No!  What if your elderly mother tells you what she wants done with her estate? Completely oral wills are called “nuncupative” wills. They are also sometimes called oral wills. These are not valid in Florida! Florida Statute 732.502 states that every Florida will must be in writing. In addition, there are other requirements that must be met to properly execute a Florida will.

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According to Florida Trust Law, What is a Trust Accounting?

Uncategorized Jan 29, 2019
post about According to Florida Trust Law, What is a Trust Accounting?

According to Florida Trust Law, what is a trust accounting? Is a trustee of a Florida trust required to provide beneficiaries of the trust with accountings? What can you do, as a beneficiary, if the trustee of your mother’s trust refuses to provide you with any information? How can you, as a beneficiary, find out how much the trust is worth? The use of trusts has become more and more popular. In fact, revocable or living trusts are now frequently a part of one’s basic Florida estate plan and Florida estate planning lawyers find themselves creating them often. So, what are the laws regarding them?

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Guardianship Lawsuits and the Right to Marry

Uncategorized Jan 29, 2019
post about Guardianship Lawsuits and the Right to Marry

Does a Ward have a right to marry? If you are a Florida guardianship lawyer, or a family member involved with an aging or fragile adult who is subject to a guardianship, you will want to read the Fourth DCA’s March 2,2016 opinion in the Smith case.

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Estate Litigation and the Right to an Accounting

Uncategorized Jan 25, 2019
post about Estate Litigation and the Right to an Accounting

A recent Texas appeals case, Brown v. Arenson,  involves a request for an accounting from the beneficiaries of an estate. Although this is not a Florida case, probate lawyers in Florida encounter beneficiaries seeking an accounting very frequently. Did you know that, in Florida, beneficiaries of estates and trusts have rights under the Florida Trust Code and the Florida Probate Code. If you are not receiving the information you want about an inheritance, your trust or a Palm Beach probate, you can file an action for an accounting. 

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How Do I Appeal an Award of Attoneys Fees in a Florida Probate

Uncategorized Jan 25, 2019
post about How Do I Appeal an Award of Attoneys Fees in a Florida Probate

The trust and estates lawyers at Pankauski Hauser frequently get calls from prospective clients who are family members of a decedent. For example, they are beneficiaries of an estate or Florida probate.These prospects are calling our probate litigation firm because they are outraged at the amount of fees that their probate lawyers are taking. Furthermore, they are usually upset with orders that have been entered regarding an attorneys fee request or motion by an attorney for the estate or the probate. Can you appeal this?

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Florida Probate Litigation: What is a Marital Trust?

Uncategorized Jan 25, 2019
post about Florida Probate Litigation: What is a Marital Trust?

Pankauski’s Probate Litigation Guide: Top 10 Probate Mistakes Revealed, attorney John Pankauski’s second book, dedicates a chapter to marital trusts. This book will be available in early 2017. What is a marital trust? What do probate litigation lawyers in Florida need to know about them? Are marital trusts necessary? When would a West Palm Beach estate planning lawyer suggest a marital trust?

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Florida Probate Litigation and Discovery

Uncategorized Jan 25, 2019
post about Florida Probate Litigation and Discovery

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.

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