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Are you an “Interested Person” if you are a Sibling of the Decedent but do not Have any Financial Interest in the Estate?

Uncategorized Sep 14, 2018
post about Are you an “Interested Person” if you are a Sibling of the Decedent but do not Have any Financial Interest in the Estate?

Florida trust and estates lawyers know that, in order to bring something to a court’s attention, you must have standing. In probate or guardianship court, this usually means that you have to be an “interested person” to the Florida estate or guardianship. According to the Florida Probate Code, who is considered to be an “interested person”?If you are related to the decedent, are you automatically deemed an interested person in regards to the decedent’s probate proceedings?

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Florida Slayer Statute: Woman Murders Her Husband For Inheritance

Uncategorized Sep 12, 2018
post about Florida Slayer Statute: Woman Murders Her Husband For Inheritance

It is shocking what some people will do for money. As John Pankauski, managing partner at Pankauski Hauser PLLC, states in Pankauski Probate Litigation Guide: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and – perhaps – while you’re still alive.” On January 26, 2017 The Olive Press reports that a Ukrainian lap dancer allegedly plotted the murder of her millionaire husband in order to inherit his wealth.Did her husband have a proper estate plan in place? Does his wife inherit under his will? Can his wife still inherit if she is found guilty of murdering him?

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Should disqualification of a party’s chosen trial lawyer be permitted by the probate court in West Palm Beach?

Uncategorized Sep 12, 2018
post about Should disqualification of a party’s chosen trial lawyer be permitted by the probate court in West Palm Beach?

When is it justified to disqualify an inheritance lawyer from representing someone in a particular probate matter? What is a conflict of interest? If a lawyer tells a lawyer from another firm about the facts and strategies of a case, can the lawyer from the other firm now, knowing the inside strategies, represent the opposing party in that same matter? If a lawyer drafted the document, which is the subject of the litigation, should they be disqualified?

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ROBERT J. HAUSER, PARTNER AT PANKAUSKI HAUSER PLLC, RECOGNIZED IN Palm Beach Illustrated

Uncategorized Sep 11, 2018
post about ROBERT J. HAUSER, PARTNER AT PANKAUSKI HAUSER PLLC, RECOGNIZED IN Palm Beach Illustrated

In their latest edition, Palm Beach Illustrated lists Pankauski Hauser partner Robert J. Hauser as a “Top Lawyer” in appellate practice.  This list consists of qualifying Palm Beach County attorneys who received the highest number of votes from other attorneys who were asked what attorney they would recommend other than themselves . Only sixteen Palm Beach County attorneys are listed in the field of appellate practice.

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Fourth DCA says South Florida Fair entity has sovereign immunity: $30 million liability insurance policy cannot be reached beyond $200,000

Uncategorized Sep 11, 2018
post about Fourth DCA says South Florida Fair entity has sovereign immunity: $30 million liability insurance policy cannot be reached beyond $200,000

by Robert Hauser, Esq. Most of us believe that the South Florida Fair is a secure place to go for both children and adults.  But in reality, the state-created corporation that controls and operates the South Florida Fair has diminished incentives to concern itself with public safety, as Widley Joseph recently learned in his lawsuit against the South Florida Fair. 

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Burt Reynolds Passes Away

Uncategorized Sep 7, 2018
post about Burt Reynolds Passes Away

On September 7, 2018, CNN reported that renowned actor Burt Reynolds had passed away. He was 82 years old.  Did he have a will or a proper estate plan in place? Which probate litigation or estate law firm will handle the probate process for his estate? Who will inherit from his estate?  Because Reynolds did not die in Florida, his estate will probably not be handled by a Florida probate lawyer. However, estate attorneys will be hired to get the beneficiaries of his estate their inheritances. 

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Florida Probate Litigation: When Can you Transfer a Florida POA Lawsuit to a Different Venue?

Uncategorized Sep 7, 2018
post about Florida Probate Litigation: When Can you Transfer a Florida POA Lawsuit to a Different Venue?

Can you file a motion to have a trust and estates lawsuit moved to a different venue? Can you ask the probate court to transfer venue from one county to another? If a venue is inconvenient for the parties and witnesses, what can you do? What should your West Palm Beach trust lawyer know about the doctrine of non conviens? What if you sue someone from out of state or from a different city? Probate attorneys know that, if you sue someone who lives out of the state or country, they may argue that the Florida court lacks personal jurisdiction over them, or that, another state is more convenient for litigation. Can you really have a trust and estates lawsuit dismissed based upon “convenience?” A July 26, 2017 Fourth DCA opinion thoroughly discusses the doctrine of forum non conveniens and a motion to transfer venue to a different county within Florida.

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