Probate litigation may arise when disputes exist during the administration of estates or when a will is offered for probate. When disputes arise during the probate process, you need a law firm that has the experience necessary to handle these matters. At the Pankauski Lazarus PLLC representation they deserve. We are dedicated litigators who are in the courtroom nearly every day. We draw on this practical experience to resolve matters as efficiently and favorably as possible, and to prevent cases from dragging on for years at a time. Florida Probate Litigation & Dispute Attorneys There are a plethora of issues that arise during probate, all of which can trigger complex lawsuits. We are equipped to handle all types of probate litigation matters at any stage of a dispute, from initial negotiations and investigations to multi-day trials to appeals if necessary. This includes probate disputes involving: Wills Trusts Inheritance rights Rights of surviving spouses Rights of heirs Guardianships Marital trusts Family allowance Homestead rights Bank accounts Life Insurance IRA Our insightful investigation and trial techniques help clients reach resolutions in cases involving these and other probate litigation issues. We are a known resource in the legal community in Florida and throughout the nation. We regularly receive referral requests from other lawyers who know that we are the law firm to turn to for probate and estate litigation matters. Children And Spouses Of First Marriages Children and spouses whose families have been torn apart by divorce often deal with probate disputes when […]
FLORIDA GUARDIANSHIP LAW: 4th DCA LETS INCAPACITATED PEOPLE SIGN BINDING SETTLEMENT AGREEMENTS, BUT WARDS WHO HAVE THE LEGAL RIGHT TO MARRY CAN’T ACTUALLY GET MARRIED
This has been an eventful month in the Fourth DCA for Florida guardianship lawyers and the field of guardianship law, because of two significant decisions issued four weeks apart. The 4th District Court of Appeal is the Florida appeals court which hears matters involving wills, trusts, estates, guardianships and probates for Palm Beach, Broward and Martin Counties. Florida probate attorneys and Florida guardianship lawyers will want to read these two 2016 decisions.
Florida Guardianship & Attorneys Fees Orders Affirmed: 4th DCA February 3, 2016
A February 3, 2016 4th District Court of Appeal opinion in the case of Gort v. Gort, 4D14-3830, provides Florida GuardianshipLawyers with insight into a final summary judgment order and an order on attorneys fees. (Note: picture above courtesy of www.freeimages.com and are actors and do not depict the parties) Here is a copy of the 4th DCA guardianship opinion: http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf
February 3, 2016 Palm Beach Guardianship Appeal pits brother against brother
Are your parents aging while living in Florida? When they do, Florida probate lawyers know that your parents sometimes need assistance. Whether it’s nurses aids, emotional support, or assistance with bill-pay orfinancial matters, your parents need, usually, or typically, help as they age. And while a Palm Beach Estate Lawyer can try to avoid a public guardianship of your mom or dad with a good Boca Raton estate plan, like a power of attorney, living revocable trust and health care proxy or surrogate, sometimes a guardianship is un-avoidable. Especially if adult children fight over mom or dad’s care. Who will be the Florida guardian of your mom or dad? Who will controlmom or dad’s money and property? Who will be the personal guardian in Palm Beach Gardens to make decisions about their health care and medical issues? A February 3, 2016 Palm Beach guardianship appeal dealt with two brothers who were at odds in a guardianship trial in Palm Beach Gardens probate court. This case went on appeal to Florida’s 4th District Court of Appeal, the 4th “DCA”, in West Palm Beach. Here is a copy of the appellate opinion for thisguardianship appeal Florida if you want to read it: http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf
In Florida Guardianship What is the Difference Between a Limited Guardian and a Plenary Guardian?
Florida probate attorneys do more than just will contests. What do you know about Florida guardianship litigation? Estate attorneys in Florida may be able to protect your loved ones and their property now, so that you are not scrambling to put the pieces back together after elder abuseor breaches of fiduciary duty in Florida. What do you need to know about Florida guardianship attorneys?
Con-Woman Leaves Man Penniless – What Can Guardianship Attorneys Do to Help in Florida?
Why are guardianships a good option in Florida? Ask any Florida probate lawyer about the undue influence and duress a con person can place onto your loved ones. How can a guardianship in Florida help? It may be better to understand what a Florida estate lawyer and a guardianship petition can do for the benefit of your loved ones. Check out this recent article about a man in England who lost over $100,000 after financial abuse that may have been prevented with the help of a guardianship proceeding.
What Should I Look for in Hiring a Florida Probate Litigation Lawyer?
So, you find yourself in West Palm Beach probate court in an estate dispute like, say, a will contest Palm Beach, or someone is challenging probate. So, you consider that you have to hire a Florida probate lawyer, and one of your friends suggests that you hire a probate litigator Florida. What’s the difference between an estate attorney in Florida, and, say, a Florida probate litigation law firm? Well, an estate attorney or probate lawyer in Palm Beach typically does two things. They write wills and trusts, and they also run, or handle, or administer estates. They might write a revocable trust for your father in Boca Raton, or an estate plan Palm Beach Gardens and, then, when parents pass away, they can help with running the estate or opening up probate, gathering the assets, and distributing inheritances to the family or beneficiaries. Estate litigators are typically trial lawyers who handle disputes. You have probably heard me say that there are three and only three ways to resolve a probate dispute in Florida: 1) go to court and try the estate lawsuit case and end it; 2) resolve it and settle it, often with a settlement agreement which might be the product of tough negotiations by your Florida trust lawyer, or estate attorney Palm Beach, or through or after mediation; 3) a Florida probate appeal if you went to trial and someone wants review by the appeals court. Florida probate litigation attorneys need to know evidence, the rules of procedure and the proper burdens and […]
What expenses can I be reimbursed for as guardian of my mother? Consider these Florida probate issues before believing you will get reimbursed travel expenses
Florida guardianship lawyers have had an increasing amount of work over the past 10 years or so. Why? Well perhaps more adult children or 2nd and 3rd spouses are seeking to control or protect someone with the help of the probate courts. Other probate lawyers Palm Beach might say that adult children and 2nd and 3rd wives and husbands are just more litigious about money and inheritances and the use, or mis-use, of someone’s money as they age, and perhaps get frail or suffer fromdementia. What costs can a family-member-turned-guardian recover? Here are some points to consider before you expect to be reimbursed for travel or other expenses which you, as guardian, claim to be spending for your parent’s benefit.
How can I get appointed as Florida guardian? what guardian lawyers Florida may not tell you
So, you want to be your mother or father’s guardian, and want a Palm Beach probate court to appoint you guardian because of your parent’s dementiaor Alzheimer’s or maybe you are fearful that someone will cause elder abuse or financial exploitation Florida. How do you do this? How do I get appointed guardian of my mother or father in Florida? Well, you can hire an elder law lawyer Boca Raton or you can file the petition yourself in Delray Beach. But a guardian needs a probate or guardianship lawyer West Palm Beach. There are requirements in the guardianship law and the Guardianship Code, Chapter 744 of Florida statutes which a guardian needs to comply with.
Guardianship Appeal Florida & medically necessary expenses: November 25, 2015 2nd DCA appellate opinion
You’ve heard me say many times in this Florida probate lawyer commentary that guardianship law Palm Beach is a growing,expanding area of the law and indeed the service sector. Guardianships in Delray Beach areserious and, for good or ill, serious business. You need accountants or CPA’s and book-keepers to keep track of all the money when someone is guardian of the property like Boca Raton bank accounts, checking accounts, and Boynton Beach brokerage accounts holding stocks and bonds and mutual funds. How does the probate court and family members and others who are “interested parties” in and to the guardianship know if the money–your parent’s money and maybe, just maybe, your future inheritance — is being spent correctly, or, well, being mis-spent? You need guardian lawyers Florida to comply with theGuardianship Code and Chapter 744 of Florida Statutes and you need, after all, a guardian, many times a profesional, third party, who is independent & objective from all family members like 2nd husbands or wives and adult step children. So, what can you learn from a recent, November 25 2015 Florida guardianship appeal issued by the 2nd DCA which you can read at this link: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2025,%202015/2D13-5840.pdf. The case is Lutherna Services Florida, Inc. v. Dept of Children and Families, Case No 2D13-5840, 40 Fla. L. Weekly D 2641.