“Getting” attorneys fees in a Florida probate lawsuit may seem easier than one thinks. After all, if you have a contract awarding the “prevailing party” attorneys fees, that seems simple enough, right?  Or, if you have a statute, a law, such as the attorney fees laws found in the Florida Probate Code or the Florida Trust Code, they seem straightforward, right?

Pankauski Hauser limits its practice to estate litigation, trust litigation, guardianship litigation, and civil appeals. Although we are located in West Palm Beach, we handle matters throughout the entire state of Florida. Are you involved in an undue influence lawsuit in Florida? Are you involved in a will contest or trust contest? Are allegations of undue influence flying around?

In Florida, there are billions and billions of dollars in estates every year. If you’re a beneficiary of an estate, but not in charge of the estate or administering the estate,  you may have needs or questions that are different than a surviving spouse,trustee, or personal representative. Inherited wealth is different.

On March 9, 2018, Florida’s 2nd DCA clarified probate procedures by writing that the failure to file a caveat, or a petition to revoke probate, is/are not fatal to object to a will (and a petition for administration).

The Radosevich v. Bank of New York Mellon case, (Fla. 3rd DCA, April 4, 2018), opinion attached, reminds us that argument of counsel is not evidence.

Many lawyers with an estate planning or tax practice have out of state clients, who reside, own a business or residence in another state. If there is a disagreement between you and your client, could you be sued in another state? Or, to get paid, do you have to go to another state? Consider adding a mandatory forum selection clause to your legal services contract.

On April 6, 2018, the 2nd DCA handed down its written opinion which explains under what circumstances a professional guardian is serving as Emergency Temporary Guardian may be appointed as permanent guardian.

Lawyers at Pankauski Hauser PLLC were successful in the Delray Beach Probate Court from keeping the named personal representative from serving as an administrator ad litem.

What is Florida Statute 90.502? Is this an important part of Florida’s Evidence Code? What are the exceptions to attorney-client privilege according to this Florida Statute? You may want to read this important statute in its entirety.

The Radosevich v. Bank of New York Mellon case, (Fla. 3rd DCA, April 4, 2018), opinion attached, reminds us that argument of counsel is not evidence.