Florida appeals law has become, well, a specialty or sub-specialty. Or, let’s say it is a unique area of the law where some law firms or lawyers are limiting their practice to Florida appeals. Some attorneys are Board Certified by the Florida Bar in Appellate Law which permits them to be called “experts.” So, if you are involved in Florida probate litigation, do you know what you are doing for an appeal? Do you know how to file an appeal for an estate lawsuit or probate matter?
On Wednesday, November 4, 2015, board certified appellate specialist Rob Hauser of the Pankauski Law Firm achieved a significant victory in a guardianship case on an issue of first impression in Florida. To read Florida’s 4th District Court of Appeal’s opinion in this Palm Beach guardianship case, click on this 4th DCA link: http://www.4dca.org/opinions/Nov.%202015/11-4-15/4D15-357.op.pdf
Mr. Pankauski is the Firm’s Managing Member and a Senior Trial Attorney. He is rated AV®Preeminent by independent legal authority Martindale Hubbell. Mr. Pankauski’s AV®Preeminent ranking is the highest rating available and means that his peers, lawyers and judges rank him at the top for professional excellence based upon legal knowledge, analytical capabilities, judgment, communications and legal experience. He has been selected as one of South Florida’s “Top Lawyers” in the field of trusts & estates (Legal Leaders, 2015). Mr. Pankauski was also selected as a “Super Lawyer” in 2022 by his peers. He spends most of his time in the courtroom trying cases and in evidentiary hearings. When he is not in the court room, he devotes considerable time to detailed trial preparation & intense litigation strategy, including high level, high dollar negotiations on behalf of clients. His practice is restricted to “probate litigation”: disputes, controversies, litigation & lawsuits involving wills, trusts, estates, inheritances and guardianships. His extensive experience involves litigating over jewelry, joint bank accounts, lifetime gifts, family owned businesses, real estate, inter-vivos transfers, Florida Homestead, beneficiary rights to trusts & estates, and rights of surviving spouses. Mr. Pankauski’s, and the firm’s, practice also includes defending Florida trustees and Personal Representatives of Palm Beach estates, and advocating on behalf of family members and spouses in litigated family guardianships. Some of the legal issues which he has been involved in include: Palm Beach will contests, undue influence, lack of mental capacity, insane delusion, Dementia, rights of family members & heirs, […]
Who’s watching over those guardianship attorneys to make sure that they charge a reasonable fee under the Florida Guardianship Code and under the Florida Bar Rules? Well, the answer is usually the Delray Beach guardian or the probate court in Florida. After all, in Florida guardianships, a person who is the subject of the Palm Beach guardianship, the alleged incapacitated person, or the Ward, if a guardianship is found to be necessary, pays the court appointed attorney and the guardian and the guardian’s lawyers. So, we all need to be mindful of what the ward’s money is being spent on, and that it is spent reasonably. A lot of family members can find it frustrating that Florida guardianships, or even health care or attendant care in general, gets to be expensive as our parents age and as they may be hindered by dementia or Alzheimers requiring a lot of care, or caretakers or round the clock care. Here is a guardianship case where an attorney for the Ward had his attorneys feesreduced. If you are interested in how some courts analyze whether a guardianship lawyer’s fees are reasonable or not, consider reading this June 16, 2015 Washington appeal opinion.
Plenty of different issues end up in court when it comes to estates, probate and the administration of trusts, but what actions go to probate court? Experienced Palm Beach probate litigators know whether an action belongs in probate court or civil court. How can you tell? Check out this quick reference guide for understanding the jurisdiction of the West Palm Beach probate court.
Is mom or dad suffering from Dementia or Alzheimers? Maybe they are slowing down a bit and need some assistance. One question may be : what assistance does your father or mother need? If you are thinking about filing for Florida guardianship in Palm Beach County, here are 4 Importants Points About Florida Guardianship which family members may want to know.
Are you thinking about filing for guardianship in Florida? If so, you should know a few things before you get into a guardianship case. Here are 5 things family members should know about filing for guardianship in Florida. In this Florida guardianship commentary, we are talking about a guardianship over an adult person, such as your mom or dad in Florida.
Why are Florida guardianships increasing? As our parents age, their bodies may be holding out just fine, but their minds, well, they, well, …………..slow down. Our parents are slowing down here in Palm Beach County.
The Pankauski Law Firm PLLC announces that it expects to move its West Palm Beachprobate litigation law firm sometime after August 1, 2016 to larger space.
WEST PALM BEACH, FL Guardianship lawsuit update: are you living in Palm Beach, Florida and concerned about a Florida guardianship of you (your person) and your property? Adult guardianship for Florida residents are common, and the number of probate court-filed guardianship for Palm Beach adults seems to be rising. Guardianship lawsuits by probate litigators Boca Raton, appear to be, likewise, common and increasing. Or…. are you an adult child, perhaps living someone other than in Florida, and you are concerned for the care of your mom or dad living in Boynton Beach? Are you thinking of filing for Palm Beach guardianship? You should read this recent (June 24, 2015) Palm Beach guardianship case which went to Florida’s 4th District Court of Appeal in West Palm Beach.