Many 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 March 20th, 2018, former Playboy Playmate Karen McDougal filed a lawsuit in California regarding a contract she signed which evidently prevents her from speaking about her relationship with President Donald Trump. Can a court “void” a nondisclosure agreement or provision in a contract? And why should Florida probate lawyers care? Click here to view a copy of Karen McDougal’s lawsuit. In Florida, probate lawsuits are generally required to go to mediation, before going to trial. Since a lot of probate cases settle, this is often accomplished with a written contract: often called a settlement agreement or Florida Mediation Agreement or Mediation Settlement Agreement. Sometimes, parties to a probate lawsuit that settled their case on one day, then, a couple of days later, get cold feet, or want out of a contract which they signed. Can you get out of a probate settlement agreement? Well, consider reading the Florida appellate opinion in Pierce v Pierce, 128 So. 3d 204 (Fla. 3rd DCA, 2013) where Florida’s 1st District Court of Appeal tells you what a court will consider if you want to disregard a settlement agreement. Consider also reading the Estate of Stern case, from the 3rd DCA in 2015: 2015 WL 5603469. So, what does Karen McDougal and Donald Trump have to do with probate settlement agreements? Well…… Appellate courts are reluctant to re-write contracts and have held repeatedly stated that the freedom to contract includes the right to make a bad deal! See Barakat v. Broward County Housing Auth., 771 So. […]
Do you know someone who has negligently or intentionally led a person to his or her death? Did someone help procure a spouse or friend to his death? Did your mom’s third husband murder your mom to inherit her money? Did your brother convince his wealthy wife to kill herself because he knew of the spousal inheritance rights in Florida? There’s a special provision in Florida’s Probate Code that many people do not know about. Florida Statute 732.802 explains that, if you bring about someone’s death, or help procure the death of someone, you can not inherit from them. In other words, West Palm Beach probate lawyers know that someone who participates in causing someone to die cannot inherit from that person’s estate. Joint bank accounts, IRA’s, wills and trusts may be affected.
What is invasion of privacy? What should probate lawyers or trust attorneys know about invasion of privacy? How much privacy will the government give you? Should the winner of a $560 million Powerball jackpot be allowed to remain anonymous? A March 12, 2018 New York Times article reveals that a New Hampshire judge ruled that the winner of a $560 million Powerball jackpot can remain anonymous.
On Friday, March 9, at the annual Palm Beach County Bar Association’s Bench Bar Conference, Allison Sabocik of Pankauski Hauser served as a panelist for the session on Probate and Estate Practice. Two other attorneys and two judges were on the panel with her, and the session was co-moderated by an additional two attorneys.
Are you a West Palm Beach probate lawyer or guardianship attorney? As a litigation lawyer in Orlando, do you frequently rely on calendars and reminders? Do you utilize CourtCall to attend hearings? You may want to learn more about a new feature that CourtCall is offering.
Pankauski Hauser law partner Robert Hauser presented oral argument before the 4th District Court of Appeal in West Palm Beach on Tuesday, February 27, 2018.
On Wednesday, March 14th, from 5:30 -7:30 pm, the Pankauski Hauser law firm will host a meet ‘n greet with Michael McAuliffe, candidate for Circuit Judge, Group 13.
Allison Sabocik, trial attorney at Pankauski Hauser, won a major fee hearing in Naples probate court in a contentious, adversarial proceeding.
On Thursday, March 1st, Pankauski Hauser will sponsor a Suffolk University Red Sox day at the West Palm Beach Brewery & Wine Vault, 332 Evernia Street, West Palm Beach, FL 33401.