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Attorneys Fees and Joint Proposals for Settlement

May 31, 2018

Many times particularly in probate, estates and guardianship’s there specific statutes that permit the recovery of attorneys fees under certain circumstances Attorneys fees for Florida and joint proposals for settlement, an offer of judgment case. Hello my name is John Pankauski. You know, attorney fees are often hotly contested and highly litigated here in Florida. Many times particularly in probate, estates and guardianships there specific statutes that permit the recovery of attorneys fees under certain circumstances such as if you prevail or if you provide a benefit to somebody or something. But there’s also statutes that is so called fee-shifting statutes. That if you’re in trial or going to litigation you should know about them, maybe even earlier than before going to trial. One of those statutes are laws is 768.79 it has an accompanying rule of civil procedure 1.442. This rule and this statute do provide under certain circumstances the recovery of attorneys fees if an offer of settlement an offer of judgment is made to the other side and they don’t accept it and they don’t do, to a certain degree, better at trial. So, there is a way to recover attorney fees and costs, but what happens if there are joint parties or multiple parties and there’s a proposal for settlement that’s rejected but it’s a joint proposal. Luckily our appellate courts just recently handed down an opinion that you can read for free to tell you more about this Florida legal issue. Consider reading the Peltz […]

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Who is Qualified to Become a Guardian in Florida?

Uncategorized May 17, 2018
post about Who is Qualified to Become a Guardian in Florida?

What is a guardian? Am I qualified to become a guardian in Florida? What is the Florida guardianship process? Is it complicated? When do I need assistance from a guardianship lawyer? How do I get a probate court to appoint me as the guardian of my mother? How do I get appointed as the guardian of my father who has dementia?

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Webinar: Adult Guardianship Florida 101

Apr 19, 2018

Probate Litigation Attorney John Pankauski explains everything you need to know about guardianship cases in Florida, specifically adult guardianship. 5 Scary Things About Florida Guardianships I. Introduction II. What is a guardianship for an adult? III. Why is a guardianship needed? IV. What laws govern a Florida guardianship? V. Guardianship terms, teams and the players – POA – Your Trustee of your Revocable Trust – Health Care Decision maker i. Health Care Advanced Direction ii. Health Care Proxy iii. Medical Durable Power of Attorney iv. DNR v. Living Will – Spouse – Interested persons: who has a say in my guardianship? – The Judge VI. 5 Scary Things – We just took away your right to make decisions – We just took control over all your property – We are putting you on a budget – Your spouse and kids just spent your money fighting in guardianship court – We are ignoring your Florida estate plan VII. Conclusion

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David Cassidy’s Estate Plans and Dementia

Uncategorized Nov 29, 2017

On November 23, 2017, The New York Post reported that David Cassidy, best known for his role on the 1970’s show ” The Partridge Family”, had struggled with dementia. According to the article, “more than 47 million people worldwide have dementia, with about 10 million new cases every year. The number of people with dementia is expected to rise to 75 million in 2030 and 132 million by 2050, according to the World Health Organization.” 

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How Much Should a Florida Estate Planning Attorney Charge You To Write a Will and a Trust?

Uncategorized Oct 17, 2017
post about How Much Should a Florida Estate Planning Attorney Charge You To Write a Will and a Trust?

What does it cost to have a Palm Beach estate plan prepared for me by an estate planning lawyer? How expensive is it to get a trust or a will written? Pankauski Hauser limits its practice to disputes, trials, and appeals involving Florida  wills, trusts, estates, probates, and guardianships. Therefore, we don’t draft estate plans and we don’t write wills or trusts. However,a lot of people call us and ask how much they should pay to have an estate planning lawyer draft a Florida trust or Palm Beach estate plan for them.

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When Fees for a Florida Guardian or Attorney are submitted to the Court for Determination, What Criteria Shall the Court Consider?

Uncategorized Jul 28, 2017
post about When Fees for a Florida Guardian or Attorney are submitted to the Court for Determination, What Criteria Shall the Court Consider?

How do guardianship lawyers in Florida get paid? How does a probate judge determine whether the fees requested by a guardianship attorney are reasonable or not? What happens if the probate judge deems requested attorneys fees unreasonable? What is Florida Statute 744.108? Are there certain criteria that a guardianship court must consider when awarding fees for Palm Beach guardians or lawyers?You may want to check out this May 10,2017 Fourth District Court of Appeal ( DCA) opinion, Meyer v. Watras, regarding Florida guardianships and attorneys fees.

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FREE FLORIDA ETHICS CLE WEBINAR: December 15,2016 at 2:00 p.m.

Uncategorized Dec 15, 2016
post about FREE FLORIDA ETHICS CLE WEBINAR: December 15,2016 at 2:00 p.m.

Join us TODAY, December 15, 2016 for a FREE webinar hosted by John Pankauski, managing partner at Pankauski Hauser PLLC. This course, Ethics for Probate Lawyers, is a one-hour ethics course worth 1 ETHICS CLE CREDIT. To join this webinar, click here. If you are unable to attend live, you will be able to watch it at www.phflorida.com until June 2017 to obtain credit.

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