1-561-514-0900 FREE CONSULTATION

Florida Surviving Spouse Inheritance Rights: What do Surviving Spouses Inherit in Florida?

Uncategorized Oct 18, 2018
post about Florida Surviving Spouse Inheritance Rights: What do Surviving Spouses Inherit in Florida?

If my husband dies, am I entitled to any of his Florida property or money? Can my wife leave her Florida home to someone else in her will or trust? Does a surviving spouse have rights according to Florida probate law? Can my husband leave me and our minor children nothing? What rights do I have as a spouse in Florida? How do I prove that I am the surviving spouse of the decedent? What if I am recognized as married to the decedent  in a foreign country but not here in Florida? If you believe you are entitled as a surviving spouse to a Florida estate, you may want to read a March 2017 Second DCA opinion, Cohen v. Shushan. You should especially read this opinion if the marriage between you and the decedent is only recognized in a foreign country.

READ MORE

Florida Probate Lawyers and the Rule of a Limited Appearance

Uncategorized Oct 17, 2018
post about Florida Probate Lawyers and the Rule of a Limited Appearance

What is a “Notice of Limited Appearance”? When do West Palm Beach probate lawyers file these notices? What do they mean? What should trust and estates attorneys know about rule 5.030 (b)? What does it mean if a Florida attorney has a limited appearance in a guardianship case? When are notices of limited appearance filed in probate or trust litigation?

READ MORE

733.6175 Trial on Personal Representative’s Attorneys Fees

Uncategorized Oct 16, 2018
post about 733.6175 Trial on Personal Representative’s Attorneys Fees

On March 1st, 2017, Pankauski Hauser partner John Pankauski completed a trial on the issue of reasonable compensation for a personal representative’s attorney whose work ended prior to complete estate administration. The trial took place in the Delray Beach Probate Court, before the Honorable Howard Coates. 

READ MORE

What should I know about Florida’s lawyer-client privilege?

Uncategorized Oct 16, 2018
post about What should I know about Florida’s lawyer-client privilege?

What should I know about Florida’s lawyer-client privilege? Does my West Palm Beach probate litigator have to keep the details of my case private? What duties does an Orlando lawyer owe to his or her client? What is Florida Statute 90.502? Why is this an important part of Florida’s Evidence Code? What are the exception to attorney-client privilege according to this Florida Statute? If you are involve in a probate matter, you will want to familiarize yourself with Florida Statute 90.502.

READ MORE

Inheriting From a Palm Beach Estate

Uncategorized Oct 16, 2018
post about Inheriting From a Palm Beach Estate

Are you looking at a large Palm Beach inheritance? Do you think it’s big enough to satisfy the whole family? How can an estate planning attorney help prevent inheritance disputes? Once a trust and estates litigator helps you to inherit a large amount of money, what should you do with it?

READ MORE

Florida Probate Litigation and Motions to Disqualify An Attorney

Uncategorized Oct 12, 2018
post about Florida Probate Litigation and Motions to Disqualify An Attorney

Disqualification of a Florida lawyer is particularly important in a Florida estate, probate or Florida trust case. How can a lawyer be disqualified in a Florida probate or guardianship case? Florida estate planning attorneys, over the course of providing legal services to Florida clients, may be confronted with a potential conflict of interest. What is a conflict of interest? How does the court decide whether an attorney should be disqualified or not?

READ MORE

Florida Surviving Spouse Inheritance Rights: Does Florida Recognize Common Law Marriages Validly Created in a State or Country that Recognizes Such Marriages?

Uncategorized Oct 12, 2018
post about Florida Surviving Spouse Inheritance Rights: Does Florida Recognize Common Law Marriages Validly Created in a State or Country that Recognizes Such Marriages?

Do Florida probate courts recognize common law marriages? What is a common law marriage? Will Florida recognize a common law marriage if it was created in a jurisdiction outside of Florida that recognizes common law marriages? You may want to read Cohen v. Shushan, a March 15,2017 Second DCA opinion. 

READ MORE

Florida Inheritance Rights: Can I Inherit as a “Spouse” if I am not Legally Married to the Decedent?

Uncategorized Oct 10, 2018
post about Florida Inheritance Rights: Can I Inherit as a “Spouse” if I am not Legally Married to the Decedent?

Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will? You should read Florida Statute 741.211.

READ MORE