#PALM BEACH APPEALS COURT REVERSES #GUARDIANSHIP COURT—FORMER #FLORIDA GUARDIAN GIVEN MORE TIME AT #GUARDIANSHIP COURT HEARING
This is a very recent #Florida guardianship opinion issued by the #Palm Beach appeals court , sitting in #West Palm Beach, Florida. The #Palm Beach appeals court is known as the #Fourth District Court of Appeals.
A #Palm Beach County, Florida Guardian was serving as a #co-guardian with her brother, for the care of one of their parents in #West Palm Beach, Florida.
#GUARDIAN FILES THREE MOTIONS RE: #ATTORNEY FEES AND COSTS
During the #Palm Beach guardianship, one of the #co-guardians filed a #guardianship motion for reimbursement of attorneys’ fees and a #guardianship motion for reimbursement of loans/advances to the guardianship.
These motions in the #guardianship case were set for a hearing before the #guardianship judge in #West Palm Beach, Florida.
The #guardianship judge cautioned the #guardianship lawyers that she would hear the motions in this one hearing but would not grant additional time.
#GUARDIANSHIP LAWYERS RUN OUT OF TIME – SORT OF
On the day of the #guardianship hearing, the #guardianship lawyers did not argue each of the motions which were set for a #guardianship hearing at that time. Time ran out.
The #guardianship judge ruled on the motion that was heard, and argued, and then denied the other two motions , based upon their not being enough time. The #probate court issued a #guardianship order, which is the subject of this recent #guardianship appeal.
#PALM BEACH GUARDIAN APPEALS #GUARDIANSHIP COURT
The #Palm Beach County, Florida Guardian appealed to the #Palm Beach appeals court. The #Guardian argued that she was not given an opportunity to be heard and that the #guardianship court order should be reversed. She won.
The #West Palm Beach, Florida appeals court believes that the #guardianship judge committed fundamental error and denied the #Florida Guardian her due process rights and her opportunity to be heard. It did not matter, as some of the #guardianship lawyers argued, whether, or not, an objection was made at the time of the #Guardian hearing, because the #Palm Beach appeals court believed that a fundamental error was committed which they can fix.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS
We help you with Florida guardianship, estate and trust administration and trials, and #probate appeals.
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Our #West Palm Beach, Florida #probate litigation firm :
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Who are we? Our firm is comprised of
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We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida. www.pankauskilawfirm.com and has been featured on the CBS Evening News, in The Wall Street Journal, MarketWatch, NBC, ABC and Fox networks.