When can I be awarded attorneys fees in a probate or trust and estates lawsuit? What is section 57.105 of the Florida Statutes? What is a frivolous lawsuit? What is section 57.105 designed to deter? You may want to read St. Peter v. Osorio-Khor.
Are you currently serving as the personal representative of a Palm Beach estate? Are you a beneficiary or a Special Trustee of a Florida trust? The probate judge may issue orders you disagree with. What are your rights as far as refusing them? A November 16,2016 trust and estates case from the United States District Court, M.D. Florida, discusses a motion to reconsider.
Back in September of 2013, Florida’s 2nd District Court of Appeal issued its opinion in the Searle v. Bent case, 137 So. 3d 1028 (Fla. 2nd DCA, 2013). This involved a guardianship of an adult, actually someone’s mother, not a minor child. Many people think of a guardianship as being a legal proceeding for a minor, but that is certainly not always the case. In Florida, guardianships for adults are very common. And, for good or for ill, so is guardianship litigation.
Pankauski Hauser PLLC is offering TWO CLE Webinars approved by the Florida Bar for credits in December 2016. Florida Bar members are welcome to participate, free of charge, to obtain CLE credits. RSVP to Amanda@phflorida.com to receive the link to participate. These webinars will feature John Pankauski, managing partner at Pankauski Hauser PLLC. Pankauski Hauser PLLC exclusively represents clients in matters involving estate, business, wills and probate litigation. We represent beneficiaries, trustees and executors throughout Florida when disputes develop in regard to wills, trusts, administration, inheritances, investment losses, beneficiaries’ rights and many other estate, business, property & probate topics. Beneficiaries to business owners call for commercial litigation, business disputes, inheritance lawsuits, real estate litigation and appeals.
Florida’s 4th District Court of Appeal ruled October 26, 2016, that a remainder beneficiary of a Florida trust has no right to a trust accounting, when requested post-death, for the time period of the grantor’s life, absent breach of trust allegations. This was a revocable trust which became irrevocable upon the death of the grantor/settlor.
There are many great probate litigators and attorneys in South Florida. Probate litigation attorneys can help you to get through the probate process in Florida, in a timely way, and can advise you not only on your inheritance rights, but on your fiduciary duties.You should be willing and ready to communicate with the probate lawyer you choose and they should keep you informed. How do I choose the best trust and estates lawyer? What factors should I consider?
In 2009, Palm Beach Clerk Sharon Bock implemented a guardianship fraud program and hotline. This program was created “to allow anonymous tips on waste and financial fraud in court-appointed guardianships over the elderly, minor children and other wards.” Palm Beach Country Clerk & Comptroller’s Office has had major success with the program. This September, the program was recognized at the 4th World Congress on Adult Guardianship, an international recognition.
As an American, the right to vote is an extremely important one. It is a right that both male and female Americans possess thanks to woman rights advocates like Susan B. Anthony. However, it is important to realize that some Americans die without the right to vote. In fact, the Washington Post, on November 8, 2016, published an article about Susan B. Anthony and how she died without the legal right to vote. Could you imagine if women still did not have the right to vote? Well, if you become incapacitated and subject to a Florida guardianship, your right to vote could be taken away from you.
CNN reported on November 7, 2016 that Janet Reno, the nation’s first female US Attorney General, passed away in her home in Miami, Florida. She was 78 years old. Did Ms. Reno have a Florida will? Who will inherit from her Miami Beach estate? What is the probate process in Florida? What happens if she died intestate in Florida?
Fox News reports on November 8,2016 that Country artist, Craig Morgan, tragically lost his son. His nineteen year old son was tubing when he fell into the water and did not reappear. His body was found the next day. Did his young son have a will? Had his young son met with an estate planning attorney? Probably not.