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Inheritance Theft Laws in Florida

What We Do Mar 24, 2021
post about Inheritance Theft Laws in Florida

Are you wondering where your inheritance is? Did someone improperly deny you your Florida inheritance? This legal commentary will provide insight on Inheritance Theft Laws in Florida. We have already written about INHERITANCE DISPUTES and APPEALS. Now, let’s focus a bit more on inheritance theft. Civil Theft vs. Probate Remedies Civil theft is said to be one cause of action in Florida. It is one part of Inheritance Theft Laws in the sunshine state. Admittedly, this law appears to be used too much, or, perhaps improperly. Florida Statute 772.11 is the Florida Civil Theft Law. It provides a civil penalty for doing criminal things. “Clients love the Florida Civil Theft Law” says Florida litigation attorney John Pankauski “you get triple damages and attorneys fees.” BUT, Pankauski reminds us, that’s only have a judge or jury trial. AFTER you win! And he should know. Unlike a lot of Florida lawyers who want you to settle all your cases, he actually tries cases and handles appeals. Yup, he is NOT for everyone. To read more about treble or triple damages under the civil theft law in Florida, and attorneys fees, read Florida Statute 772.11 (1). Consider also reading Florida Statute 772.185. For a FREE VIDEO on civil theft and damage calculation, CLICK HERE. Probate Court Remedies The truth is that most of your remedies for inheritance theft lie in probate court, or the civil court, and don’t involve Florida’s civil theft statute. “When you are talking about inheritances” says probate litigator John […]

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Florida Surviving Spouse Rights and The Importance of Timely Filings

Uncategorized Nov 23, 2020
post about Florida Surviving Spouse Rights and The Importance of Timely Filings

Every year, widows, widowers and surviving spouses inherit billions from Florida probates. Florida Surviving Spouse rights are very valuable for Florida estates. But most don’t want to leave money on the table. And you should know exactly how much you are entitled to. After all, the three most valuable rights a spouse has to a Florida estate are straightforward. First, Florida Homestead. Second, intestate share. Third Elective Share. Has your wife or husband recently passed away in Florida? Are you a surviving spouse? To read more FREE FLORIDA PROBATE COMMENTARY about rights of a surviving spouse, CLICK HERE. If you are the surviving spouse in an inheritance dispute in Florida, you may want to read Florida Statute 732.401 and a March 15, 2019 Second DCA opinion, Samad v. Pla. Don’t Sit on Your Inheritance Rights Florida law does not help those who sit on their rights. Florida Estate Law helps those who speak up and who EXERCISE their rights. Silence is often not a friend to surviving spouses’ inheritance rights. Florida probate lawyers know that surviving spouses in Florida have many inheritance rights. However, it is important to act on those rights, and act quickly. John Pankauski, managing law partner at Pankauski Hauser Lazarus, always reminds prospective and current clients that the law doesn’t reward those who sit on their rights! In Florida probate proceedings, there are many deadlines that must be met. For example, surviving spouses must make certain elections within a certain time frame. In addition, objections or […]

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Florida Probate Fraud & Undue Influence

Uncategorized Apr 15, 2019
post about Florida Probate Fraud & Undue Influence

Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question.  Often, they question last minute changes to an estate plan.   Florida probate fraud may also exist if a fiduciary intentionally hides information.  What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud.  Here is a FREE VIDEO on undue influence & probate fraud.  What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]

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Florida Probate Litigation: What is a Pour Over Will?

Uncategorized Mar 7, 2019
post about Florida Probate Litigation: What is a Pour Over Will?

What is a pour over will ? Should I speak with a Florida trust and estates lawyer to create one? What do I do if my mom has passed away leaving a pour over will?  These are all good questions.  For a more current commentary on pour over wills, click HERE.  But many heirs and family members also want to know about contesting a Florida will.

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