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Temporary Injunctions and Florida Litigation

Uncategorized Nov 21, 2018
post about Temporary Injunctions and Florida Litigation

Do you know what an injunction is? When can you request an injunction in your Florida lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission. Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Lerner v. Dum.

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Properly Executing a Florida Will

Uncategorized Nov 21, 2018
post about Properly Executing a Florida Will

What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? What is a holographic will? Does a will need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida.

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If I am a Surviving Spouse in Orlando, What do I Inherit?

Uncategorized Nov 21, 2018
post about If I am a Surviving Spouse in Orlando, What do I Inherit?

What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? Elective share in Florida, unless it’s waived, is an inviolate right. It doesn’t matter what is in your deceased spouse’s Florida will. Therefore, if you are a surviving spouse, don’t sleep on your inheritance rights!  You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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

Uncategorized Nov 21, 2018

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.

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Florida Probate Litigation: What Can You Do To Find Out What’s Going On With Your Mom or Dad’s Estate?

Uncategorized Nov 20, 2018
post about Florida Probate Litigation: What Can You Do To Find Out What’s Going On With Your Mom or Dad’s Estate?

Are you questioning whether or not a certain Florida estate is being probated? What can you do to find out what’s going on with a West Palm Beach or Orlando estate? Are you unsure as to whether a decedent’s Palm Beach estate is being administered ? If the decedent owed you money and you are a creditor, how can you find out information about the estate? 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?

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Multiple Florida Wills: Which Will Should Be Used in the Florida Probate Proceeding?

Uncategorized Nov 20, 2018
post about Multiple Florida Wills: Which Will Should Be Used in the Florida Probate Proceeding?

What if a decedent wrote multiple wills? When a decedent wrote multiple wills, how do you know which one is valid? What if multiple Florida wills are discovered during the probate process and then AFTER the estate has been completely administered, an additional will is found? Can a beneficiary still offer the additional will to the probate court? When is it too late to petition to revoke the probate of an earlier will? What should West Palm Beach lawyers know about discovering later wills?

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Surviving Spouse Rights: Elective Share

Uncategorized Nov 20, 2018
post about Surviving Spouse Rights: Elective Share

If you’re a surviving spouse in West Palm Beach or Orlando, you’ve probably heard about Florida’s elective share. In Florida, spouses are guaranteed an inheritance regardless of whether or not their deceased wife or husband’s trust/ will says so. There are some exceptions. For example, a spouse could sign away his or her inheritance rights in a prenup. If you are the surviving spouse in an estate matter, and have not already contacted a lawyer, you should definitely do so! There are important deadlines that must be met in order for you to get your inheritance. To learn more about Florida’s elective share, you should read Florida Statute, section 732.2125. If you are looking to interview a Florida probate lawyer, please feel free to call our firm at (561)514-0900 Ext. 101 for a free consultation.  

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Florida Family and Probate Law: How Do You Appeal an Injunction

Uncategorized Nov 20, 2018
post about Florida Family and Probate Law: How Do You Appeal an Injunction

What is an injunction? Trust and estates attorneys know that you have to prove four things to get a valid injunction in Florida. What are those four things? What should your Florida probate lawyer or family lawyer know about injunctions? What must a party seeking a temporary injunction establish? If your civil litigation case involves a temporary injunction, you may want to read a November 14, 2018 Fourth DCA opinion, Olson v. Olson. Olson v. Olson  This was an appeal regarding a temporary injunction that prevented the former husband from being able to access his assets. These assets included an impending inheritance. Did the former wife provide the necessary evidence required to show that a temporary injunction should be granted? Should the temporary injunction be reversed by the appellate court? What did the 4th DCA say? Click here to read the entire case and find out!  If you are in need of an experienced Florida litigator, call (561)514-0900 Ext.101 for a free consultation.

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Florida Temporary Injunctions, Divorce, and Inheritances

Uncategorized Nov 19, 2018

Do you know what a temporary injunction is? When can you request an injunction in your Florida inheritance or divorce lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission? Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Olson v. Olson.

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