West Palm Beach, Florida trust lawyer John Pankauski has been cited in a book on trusts published by the Florida Bar. Pankauski runs the Pankauski Law Firm PLLC, a Palm Beach County litigation law firm which limits its practice to trials & appeals on wills, trusts, estates, guardianships (what Florida estate attorneys refer to as “probate litigation“) and related business litigation.
Pankauski Writes on Trustees & Punitive Damages: does a trust beneficiary have rights to sue a trustee for punitive damages?
- In 2010-2011, Pankauski co-authored three articles on trustees and punitive damages.
- The trust articles discussed whether beneficiaries could get punitive damages against a trustee or fiduciary.
- Pankauski’s legal writings on trusts was cited in the Restatement (Third) of Trusts, which is a legal authority used by scholars, lawyers and appellate courts.
- Florida appeals courts, for example, may cite or quote the Restatement in their appellate decisions when explaining or interpreting Florida law.
- William Kalish also cited Pankauski in his book published by the Florida Bar titled Administration of Trusts in Florida.
- Chapter 2 of the Florida trust administration book deals with Powers, Duties and Liabilities of Trustees:
An interesting article raised the question of whether punitive damages will be applied against fiduciaries. Pankauski, Steckman & Conner, Punitive Damages Against Fiduciaries, Probate Cases, & Equitable Relief, 25 Prob. & Prop. 43 (May/June 2011). The thesis of the article is that the traditional rule, which precludes punitive damages, generally should be rejected. The modern rule should be followed, which permits punitive damages in cases seeking equitable relief. The article concludes that under present law probate litigators cannot be sure how a court will react to a claim for punitive damages, if equitable relief is also sought in the case. The article quotes bank robber Willie Sutton, who, when asked why he robbed banks, famously said, “That’s where the money is.” The article points out that in today’s economic climate, bank accounts, will substitutes, and trust accounts, including revocable trusts, are “where the money is.” The article argues that punitive damages should play an important role in the court’s arsenal to prevent financial abuses; the modern rule should be applied; and the traditional rule should be abandoned.
Read Pankauski’s Trust Articles on Punitive Damages & Beneficiary Rights
- If you are interested in reading what Pankauski has written on punitive damages and trustees, as well as trust beneficiary rights, you can read one article here:Punitive Damages Against Fiduciaries, Probate Cases, and Equitable Relief
Probate & Property, May/June 2011 - If you would like to read more about what Pankauski has written about Florida trusts, trustees and punitive damages, you can read about it here: Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I
The Florida Bar Journal, November 2010