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WHAT DO FLORIDA PROBATE LITIGATION, NJ GOVERNOR CHRIS CHRISTIE, THE PRESIDENT OF FRANCE AND DON HENLEY ALL HAVE IN COMMON?

Uncategorized Jan 11, 2014

Dirty laundry !

New Jersey Gov. Chris Christie has bridgegate, while French President Francois Hollande, is on the front page of a French magazine accused of having a secret affair with a French actress.

Is everybody airing dirty laundry in the news today? Or is this just a day in paradise

Those  estate beneficiaries, and family members who are involved in Florida probate lawsuits might know how it feels. After all, sometimes, sadly, Florida inheritance fights   turn out to be dirty business.

  • Brother suing brother,
  • step daughter who hates a stepmother,
  • wild accusations, jealousies disdain and dislikes

And some of that makes it public. Is that what people really want?

BEING IN A FLORIDA PROBATE COURT — airing family fights

It’s true that #Florida probate courts are open to the public, except for certain guardianship proceedings. Florida guardianships for minors are generally restricted and closed to the public.

But anybody else can walk in to a Florida probate court and hear about the #estate dispute you have with your family, or your #Florida personal representative or #Florida trustee. Right there in the open.

While reporters and television crews are permitted in the courtroom, they are controlled. Florida probate courts  generally don’t see too many reporters in the courtroom unless it’s a high dollar case or there is some notoriety.

SEX LIES AND VIDEOTAPES — FLORIDA PROBATE LITIGATION

One distinguished former judge said that Florida probate litigation was like divorce, but without the sex. But how do family members and estate beneficiaries really feel about publicity?  Or a clear record of what they think and say?

After all, if you’re deposed, there is a transcript of what you say. A record. Family secrets? Petty jealousies? Greed? It all comes out — typed up and on paper.  But, are you ready for your close-up?

Most #Florida probate litigators, including our firm, videotape important depositions. I want a jury or judge to see what you said when I asked you questions on tape and on a screen and later in the courtroom. Most people are bad liars. Most people, when they’re nervous, or they feel their backs are against the wall, fidget, may tell half-truths, feign forgetfulness, “I don’t recall”, and may try to be evasive. It shows. That’s why I videotape. And, that’s where an experienced Florida probate litigator can use direct examination and even cross examination to find the truth to which you shall apply Florida probate law. Is a trust beneficiary or Florida executor lying or just being uncooperative? Turn him or her 180° around with 10 to 20 good #deposition questions. On video.

ARE PROBATE COURTS RECORDED?

In Palm Beach County, Florida, probate courts are generally not recorded. Most #Florida estate lawyers who litigate disputes, and try cases, and do not just write wills and trusts, bring court reporters to  probate hearings    to record what is being said. There is also an important probate litigation   strategy on why you may, or may not, want a court reporter there.   But generally, if you don’t bring a court reporter, what is being said is not being recorded or preserved other than from memory. When you have a Florida probate trial, or a #Florida inheritance trial, you want the #probate court proceedings recorded with the presence of a court reporter.

As Don Henley says: ” It’s interesting when people die- Give us dirty laundry.”

FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS

Our Florida probate law firm

  • does not draft estate plans
  • does not draft wills and trusts
  • does not steal your clients or your probates

Our West Palm Beach, Florida probate litigation firm :

  • hands your clients back to you at the conclusion of the Florida litigation
  • after all, they are YOUR clients
  • we try cases
  • we handle appeals
  • restricts its practice to Florida probate disputes
  • we work with you on Florida estate administration, Florida probate
  • we litigate for and protect beneficiary rights
  • we represent Florida personal representatives or executors, and #Florida trustees
  • we receive 95% of our clients from other lawyers
  • we take contingency fee cases.

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. 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, The Wall Street Journal, MarketWatch, NBC, and Fox.