Search Results: guardianships

Are you involved in suing a Palm Beach probate attorney for what is called legal negligence in Florida?  This is really suing a Florida lawyer for malpractice or legal malpractice.  Maybe you are a Palm Beach probate lawyer concerned you may be sued by a client’s heirs or estate beneficiaries.  Who does a Florida probate lawyer owe a duty to, anyway?  You should read the June 24, 2015 Florida 4th District Court of Appeal case from the Palm Beach appeals court which deals with Florida malpractice and when a Florida probate or guardianship lawyer may owe a duty to someone who is NOT their client.

Are you involved in a guardianship Palm Beach? Or, perhaps you are wondering what is involved in filing for guardianship of your parent.  Guardianships in Palm Beach are increasing in number.  If you think your mom or dad would benefit from a guardianship Delray Beach, consider these 4 important points about Guardianships in Florida.

If you disagree with what a Broward County or Palm Beach County court, or judge, is doing, or not doing, what can you do?  Well most Broward County probate litigators know that you can go to the appeals court with a writ of mandamus request.  If you believe that a probate court in Ft. Lauderdale or Delray Beach is not doing something which you need them to do, do you consider a writ of mandamus? What if you NEED the probate court in Palm Beach or Palm Beach Gardens to stop doing something?  Should you go to the 4th District Court of Appeal and request a writ of mandamus?

If you are interested in estate planning mistakes and estate & trust lawsuits involving wills, trusts & estates, consider reading Pankauski’s Probate Litigation Guide: 10 Probate Mistakes Revealed.

Guardianship in Florida is used to protect children and the mentally  incompetent to ensure that they are cared for if they lack the ability to do it themselves. Professional Guardians are becoming more and more common and family guardianship is also still very popular. When you assign guardianship to another individual you may be at their whims as to the social allowances of the ward and that may mean you lack access to your own family members. Have you considered the intricacies of selecting a guardian to control the social life of your incapacitated relative in Florida?

Palm Beach Guardianships of parents, adults and grandparents seem to be, for good or for ill, a growth area.  Filing for plenary guardianships Florida appears to be on the rise.  Adult children often seek to either protect a parent or loved one by filing a guardianship petition in the probate Palm Beach, or they seek to control mom or dad and their money. If you are involved in a guardianship Delray Beach of your mom or dad in Palm Beach or Florida, you may want to read this new guardianship legislation. Florida Senate bill 1226, an act relating to guardianship; (March, 2015).

Involved in a Palm Beach guardianship matter?   Did a guardian get appointed but you want the guardian removed?  Then you need to read this March 18, 2015 guardianship appeal opinion from the West Palm BeachFlorida appeals court which rules on probate & guardianship appeals, including the removal of a Palm Beach guardian.

Maybe the last few years of your marriage were not ideal and your   spouse disinherits you, in other words they eliminate you from their will. Do you have any rights in this situation? In Florida a spouse has a right to an inheritance known as an elective share if they wish to forfeit their inheritance under the will. In Florida you can waive your right to an elective share. A case handed down this week from Broward County shows that the question of whetherelective share was waived depends on which will is considered the valid last will and testament.

If you are an individual who is trustee of a family trust, do you know what it really takes to be a trustee?  Are you certain you know what to do — and not do?  Now there is a brand new book about an individual being the trustee of a family trust. Pankauski’s Trustee’s Guide is now available in digital format on Kindle and at Amazon.com.

A guardianship is a legal proceeding in the circuit courts of Florida in which aguardian is appointed to exercise the legal rights of an incapacitated person and is governed by Chapter 744, Florida Statutes. To be appointed as a guardian you need to file a petition with the Court and the Court must find that guardianship is appropriate. Importantly in Florida a guardian must be represented by an attorney.