Learn the secrets of having your rights determined in a Florida probate, estate or trust.

Two recent Florida appeals court opinions provide guidance on transferring a lawsuit to another court. Maybe another state. When that other court would be more convenient. These opinions also examine the evidentiary obligation of the person making the motion. And, they consider the discretion of the court to transfer a case based upon the “interests of justice.” “Everything” you need to know about forum non conveniens in 3 minutes and 12 seconds. What is forum non conveniens? If the lawsuit was filed in a court that may be proper, BUT another court may be more “appropriate.” A defendant can file a motion that asks the court to move the case to a more convenient forum. That could be in another county or state. There is “tension” in the law . Between the preference of the party filing the lawsuit to select an appropriate forum. Yes, the plaintiff generally gets to select her venue among multiple proper ones. See Rule 1.060 (b). So, where’s the legal tension? Well, the defendant can ask for a more appropriate court room. In many instances, defendants can be sued in multiple counties in Florida. If the plaintiff files in a permitted courthouse, the defendant can still ask the court to move the case. And, the court has certain discretion in the interests of justice. That’s the legal tension. Note that this type of motion is different than a motion to dismiss for failure to state a cause of action. See Florida Statutes Chapter 47 on […]

What do you have to sign to start probating an estate or will? Or, simply to have an experienced probate lawyer in your corner? Well, I guess that depends. Let’s discuss what a probate engagement letter in Florida is, what it looks like, and why you may need one. Or not ! Whether you are a beneficiary of a multi-million estate ,or a Personal Representative of a small estate, read on. Starting the Probate Process Why do you even need a probate? Can’t you just get your inheritance automatically? Well, in Florida, when a person dies, there are tricky and unique laws. About how money or property “goes,” or “passes,” to loved ones, family members and beneficiaries. How the decedent’s debts get paid —- or don’t get paid. There’s a special order to how all creditors get paid. Creditors have to jump through certain legal “hoops.” And not all creditors are created equally! (Don’t blame me, that’s the way the legislature wanted it in their Florida Probate Creditor Laws). You see, loved ones and beneficiaries don’t automatically inherit an estate. There are rules. And procedures to follow. To the shock of many estate beneficiaries and family members……………beneficiaries get paid last! After the probate lawyers, after creditors and after the Florida Executor. Many times, to follow the rules (the law) and to get it right, you need a Formal Administration. OK……………so what’s that got to do with a probate engagement letter? Why Probate Engagement Letters Matter Whether or not you are […]

Where did running the estate all go wrong? A Florida personal representative is the executor of an estate. When one dies, there are special rules for dealing with property and money. And “who gets what.” Why? ‘Cause that’s what the law says! Running probate is serious business. Think of it like a little business but with a lot more duties on the part of the executor. Here’s what you need to know about being one. (To read about estate beneficiary rights in Florida, CLICK HERE.) How do I run a probate? Handling a probate requires a number of things. Here’s a quick list. A personal representative in Florida is called an “executor” or “estate executor” elsewhere. Your job is that of a fiduciary. Like a trustee. You need to help your beneficiaries and acknowledge proper creditors of the estate. Generally, you gather assets of the deceased Florida resident. You pay off her just debts. File proper court documents, pay the final income taxes, disclose relevant information. Pay your service providers and expenses of administration. Distribute the money to your beneficiaries (that’s right! While beneficiaries of Florida estates have lots of rights, they get paid last.) Close the estate. Sounds easy, right? (To read more about estate administration, you can read the Florida Statutes). It can be with the right team in place like good appraisers, lawyers and accountants. Click here to read the FLORIDA PROBATE RULES Transparency + Disclosure — no hiding the ball or running the estate in secret […]

A Florida executor has a lot of duties to her beneficiaries. And, let’s face it, estate beneficiaries should expect a lot from someone serving in that position. Here is the skinny and truth revealed about what being one is all about. Who would want this job? What does a Florida executor do? Here’s a list: Think of one as a trustee Because she has a lot of duties Identify all of the decedent’s assets and just debts Marshall, or gather, all of the decedent’s assets and pay off only the just debts That’s right, you gotta deal with creditors! Pay the decedent’s US Federal Income Taxes That’s right: you gotta hire a CPA In Florida, a personal representative must be represented by an attorney Pay all the estate expenses and administration costs Distribute what’s left to the beneficiaries and Close the estate! Who can be the Florida executor? Felons cannot be an executor! There are other restrictions on who can, and can’t, be, the executor Oh, by the way, in Florida, we call the executor the Personal Representative. To learn more about what the job entails, consider reading the Probate Code and the Probate Rules. Oh yea: try not get sued. Where personal reps can get into trouble is when they run the estate in secret and keep their beneficiaries in the dark. I mean, never mind probate fraud and too much compensation and taking years to run the estate. Hire the best. After all, the executor is not paying […]

Do you really need a lawyer to explain your inheritance rights to you? Not necessarily. And, even if you do, you might not need that attorney for long, or for much work. Knowing whether you need inheritance counsel is one thing. But how do you interview and select an inheritance lawyer to your liking? 5 things to consider. Straight talk, straight from the horse’s mouth. Do you even need an attorney that deals with inheritance ? Let’s face it: not everyone needs an inheritance attorney. You just don’t. Lots of times, a trusted family member is handling the Florida Probate with a good estate lawyer who everyone trusts. There are probate rules which provide for information sharing and disclosure. You know what’s going on, when, and how things are getting done. There’s no will contest, no fighting. But, what if the trust is not there? What if the executor or personal representative is not telling you what’s going on in the probate? “Many family members are let down when the estate executor does not communicate, let alone hides information” says Probate Litigation Attorney John Pankauski. Pankauski tries to reassure prospective clients who may not be trustful of their executor. He lets them know that financial data, assets, money, and property will all be disclosed. Or, should be disclosed. He points you to all the rights which a Florida estate beneficiary has under the Probate Code. And all the duties which an executor is required to follow. But what happens when […]

Summary judgment has changed in Florida. Knowing the new rule is only part of it. You need to know how an order on summary judgment should be written. What it must say. An August, 2022 opinion helps you understand this. To view a free Legal Video on this very topic from a lawyer who actually handles this interesting legal topic, and similar matters, CLICK HERE. The Basics Summary judgment may indeed be a short cut to victory. It could avoid a trial. (Be sure to read Rule 1.510). After all, if there’s no need for a trial, why have one, right? SJ can be granted by a judge if there is no disputed issue of MATERIAL FACT. If there is a pure question of law, why not just have the judge tell you how she will rule? In other words, if the law is clear, you may be entitled to “judgment as a matter of law.” This shortcut can save you thousands of dollars in legal fees and months of time litigating. Want to read more? Update: for a 4th DCA opinion on a defective affidavit when summary judgment was sought, read the Gromann v Avatar case Recent Case In April of 2021, the Florida Supreme Court changed the summary judgment rule. One purpose was to make Florida’s rule more like the federal rule. With the new standard, it’s not enough for a court to rule. The court must rule correctly. If not, the ruling can be appealed at the […]

Courts of law are NOT meant for fake claims or defenses. Someone filing a frivolous matter or claim may be sanctioned. They could be ordered to pay attorneys fees and costs under Florida Law 57.105. This law provides for fees if someone makes a claim that is not based upon the law and facts. A recent opinion tells you all you need to know. The Basics To read more about this attorney fee and sanctions topic, click HERE. 57.105 is a statute which provides for attorneys fees and costs under limited circumstances The purpose of that law was to diminish or discourage frivolous filings When is something frivolous? This statute provides for the award of fees and costs if a claim or defense is NOT supported by the law or the facts. This law SANCTIONS such conduct. The sanction is in the form of awarding the prevailing party attorneys fees. But be cautious. When awarding fees as a sanction, an expert must give testimony. See the August 5, 2022 case of Mitchell v. Flatt. Recent Case On August 3, 2022, Florida’s 4th District Court of Appeal issued its opinion in the case of Cadavid v. Saporta. This case dealt with injunctions and claims of a violation of a restraining order. It required the trial judge to carefully weigh the conflicting testimony of both parties. This opinion gives you, the reader, just about all you need to know about Florida Law 57.105. And, remember: failure to timely appeal a sanction order […]

Understanding a charging lien Florida shouldn’t be that difficult. There are only a handful of points which you need to know. But lawyers and clients struggle to understand this obscure Florida legal concept — and about paying legal fees. Here’s some guidance from the horse’s mouth! Perspective from one who has drafted, or written, charging liens, litigated them in trial, and handled those appeals. Understanding the Basics A charging lien Florida issue typically comes to the court when there is a “fee fight.” A disagreement between a client and a lawyer. ( Note that a charging lien is different than a retaining lien . ) It generally involves non-payment of compensation by a client, or former client, to a Florida lawyer. To see a free Florida Legal video on this topic, click HERE. Lawyers, many times incorrectly, file a notice of charging lien. Why? “Notice” is one requirement for asserting a valid charging lien Florida. But when does a lawyer have such a lien? (Back in 2017, attorney John Pankauski presented a Florida Bar-approved continuing legal education seminar on this topic.) Once notice is given, or filed, the lawyer can then move the court (by filing a motion) to perfect, or rule on, the validity of it. But what is a charging lien and what are the key points you need to know? 5 Things You Need to Know

Inheritance lawyers in Florida know a thing or two about the probate process + trusts. And, also, how many times an estate can drag on and on–and on and on! Knowing HOW MUCH you inherit, and WHEN you are supposed to get your money are important. Every estate executor in Florida has a lawyer. Who’s watching your back? Inheritance or Inheritance Fight? It should be easy enough, right? To get your inheritance. Who’s responsible when it takes so long to get what is yours? Do the lawyers slow it down? Or is there someone trying to steal your inheritance? I mean Florida has lots of folks with billions and billions, if not trillions, of dollars. You have a will, maybe a trust, and you get your inheritance, right? Well, the probate process does take time. There are rules and procedures. And if money is left in a trust, you have to deal with setting up the trust. And remember, the dead person’s creditors (e.g. IRS, Uncle Sam, credit card company, mortgage, pool cleaning, cable, etc) all need to be paid before the beneficiaries see a dime. That’s why a good inheritance lawyer may be needed. Below are 5 things you may want to look for in a good Florida inheritance lawyer. 5 Questions to Ask a Florida Inheritance Lawyer Are you experienced? Some Florida lawyers write wills but also do dog bites, car crashes and slip and falls or criminal defense. Is that who you want helping you on an […]