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Tag: probatelitigation

Keeping Your Personal Finances Confidential in a Miami Lawsuit

Uncategorized Jan 17, 2021
post about Keeping Your Personal Finances Confidential in a Miami Lawsuit

If you are involved in a Miami lawsuit, does your Miami litigation law firm know how to keep your personal finances confidential? A January 13, 2021 opinion from the Third District Court of Appeal https://www.3dca.flcourts.org/ reminds Miami lawyers, especially Miami probate lawyers, how to protect one’s private personal finances in the middle of litigation, even probate litigation. And, this Miami Dade appellate court opinion also reminds us what the law is when the other side wants to see your personal finances. https://www.3dca.flcourts.org/content/download/700566/opinion/201459_DC03_01132021_110929_i.pdf Discovery. Can one party to a lawsuit issue a subpoena or a request for production under the rules of civil procedure including Fla. R. Civ. Proc. 1.350 https://www-media.floridabar.org/uploads/2020/08/ADA-0-Civil-Procedure-Rules-Updated-8-18-2020.pdf to a party or non-party and get to see all your personal finances? Are you even comfortable showing them your tax returns, financial statements, loans, investments? Must you? Well the Miami-Dade appeals court case of Thomas v. State Farm Florida Ins. Co. reminds us that many times your personal finances are confidential. What’s the Test to Get Financial Information?: In Miami probate matters, where there is a will contest or an undue influence case, many times, one side wants to see all of your personal finances. But in Florida, our courts recognize that such data is private and typically kept secret. While the rules of discovery in probate lawsuits, and, indeed most lawsuits, are wide, your Miami lawyer must be careful regarding personal financial data. There is a “heightened standard” to get to see all that information. The requesting party […]

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Divorce and Inheritance Rights in Florida

Uncategorized Dec 17, 2020
post about Divorce and Inheritance Rights in Florida

If you are divorced, can you still inherit from your ex-spouse under his or her Florida will? How does divorce affect inheritance rights in Florida? What if an ex-spouse is a beneficiary named in the decedent’s Florida will? Does it matter if my ex-wife wrote her will before we got married rather than during our marriage?  How can divorce affect an inheritance? Did you know that getting a divorce could have a substantial effect on your inheritance rights in Florida? Palm Beach probate lawyers know that certain probate statutes limit the inheritance rights of ex-spouses in Florida. Frequently, trust and estates litigators, like the lawyers here at Pankauski Hauser, encounter cases involving ex-spouses who believe they should be inheriting what had been left to them in a will that was written during their marriage. Is that ex-spouse entitled to inherit from his or her former spouse’s Florida will even though they got a divorce? This answer can prove to be tricky, and it depends on several factors. For example, one factor to be considered is whether the will was created BEFORE the marriage or DURING the marriage. Therefore, if you are getting a divorce in West Palm Beach or anywhere in Florida, you may wish to speak to your divorce lawyers and estate lawyers about this. You may also wish to read Florida Statute 732.507(2). What is Florida Statute 732.507? If you are the ex-spouse of a decedent, and you are named in the decedent’s Florida will, you may still be out […]

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