Search Results: heirs

Florida probate is thought of, or may be described as, the process of passing on one’s property at death through a court supervised proceeding. This proceeding is commonly referred to by Florida estate lawyers as “opening up probate“. Someone who has an interest in a Florida estate may open up probate by filing a petition for administration with the clerk of the courts in the county where the Florida resident died, or where Florida property is located. Not all property which you own at death may require a probate court process to be given away at death. There are many will substitutes which pass to a beneficiary automatically, by operation of law, at one’s passing. Perhaps the most common “will substitutes” which avoid Florida probate, most of the time, are life insurance, annuities, pay on death accounts (also called POD), transfer on death, or TOD, accounts, so called Totten Trusts, joint accounts with a right of survivorship and beneficiary designations on such things as mutual funds, IRA’s and retirement accounts. For example, many married couples hold title to real estate as joint tenants with the right of survivorship, or as tenants by the entirety. Some Palm Beach probate lawyers suggest that checking accounts or savings accounts be titled as joint tenants, or as a joint tenancy, with a survivorship provision. Will substitutes may be a part of one’s Florida estate plan, along with a will or other documents. Perhaps the most common form of leaving property at death is through […]

Years and Miles.  Pankauski Lazarus handles appeals throughout Florida and has been doing it for years. Across the miles, in every district court of appeal. Year after year.  Particularly for probate and guardianship appeals in light of Fla. R. App. Proc. 1.970. Our firm can consult or advise on particular, case-specific appellate issues, or handle your entire appeal, including: timing and content of initial briefs, reply briefs, responses, whether motions are advisable or not, how to attempt to recover attorneys’ fees, and the consideration of filing a cross-appeal. But thinking about an appeal should not wait until judgment.   We consult with both potential clients and referring lawyers during trial, and post-judgment.  After all, understanding potential appellate rights is an important part of one’s overall litigation strategy.  And, if you prevail at trial, we can advise on the pro’s and con’s, risks and rewards, to a potential cross appeal. Experience Counts.  Experience shows that any trial lawyer should anticipate a possible appeal well before a Notice of Appeal has been filed and your brief clock is running.  Did you prepare for that appeal? Our involvement can begin at the trial level, in an attempt to evaluate and anticipate possible appellate issues, and to then brief those matters when an appeal does occur.  This is very common when evidence may be improperly considered or admitted. We also attempt to preserve appellate rights at hearings, considering issues that may be outcome-determinative in a later, possible appeal.  This is very common when one party […]

Probate Administration When large or complex estates are involved, you may need more than a simple probate lawyer or CPA. You may need experienced estate litigators who handle clients throughout Florida, involved in challenging probate disagreements, disputes and lawsuits. Perhaps you need probate attorneys who actually go to court regularly, try cases, argue appeals, and who are used to dealing with disagreement & confrontation. Whether you need a team of litigators to try a case for you, or negotiate a settlement from strength, Florida probate administration often creates many tasks or challenges for family members, widows, beneficiaries, and, of course, personal representatives and trustees. Is finding probate litigators on the cutting edge important? Many times, there are millions and millions of dollars on the line, and you require sincere, objective advice which is meant to protect you and look out for your best interests. One of the most common misconceptions is that someone else’s lawyer is looking out for your best interests. Sometimes, family members or beneficiaries wonder if they need a lawyer at all, or whether the “estate lawyer” is looking out for them. It may, indeed, be true that many times you simply don’t need a lawyer, and you shouldn’t have to pay for one. In fact, when there are small estates, you can make an argument that you don’t need one at all. But…. some suggest that if you want someone in your corner fighting for you, the best way to do that is to actually hire […]

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 […]

Many beneficiaries or family members who are disinherited or cut out of an  a Florida estate or estate plan may want to know if they have any recourse? Can you file an objection to the will if you were wrongly cut out of a will inheritance?  Do you have any risk if object to provide or file to overturn the will?

What if you could sue a Florida estate to overturn the will without any risk?   What if you were cut out of a Florida estate plan, and then someone dies, and you believe the will that was changed is void.  Can you sue to object to probate in Florida without paying attorneys fees if you lose?  Well, dis-inherited beneficiaries of probates & estates, as well as probate litigation law firms who defend wills and estates, should read, and re-read the Anderson v. McDonough case from Florida’s 2nd District Court of Appeal, issued April 8, 2016.  Here is a link to read this entire Florida probate appeals court opinion on attorneys fees in will contest lawsuits and Florida Probate Code 733.106: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/April/April%2008,%202016/2D14-2605.pdf  I could see some family members, or probate lawyers, saying: I don’t have anything to lose by filing a probate lawsuit (except costs.)

Selecting the right people to handle your Florida probate matters is critical.Trust and estate administration can take a lot of time and dedication.In addition, enabling someone to have access to your Florida estate and assets is serious. If the wrong people gain control over your money and property, your estate could quickly be diminished.

Florida probate lawyers know that trusts are becoming popular as will substitutes. Did you know that you can hold real estate and other large pieces of property in trust for future generations to avoid the pains of probate? What duties will a trustee have in that instance? Check out this recent case out of the Federal Court in South Dakota where the United States Government was sued for breach of trust! How do Florida estate lawyer prove breach of trust in probate court?

Sometimes, heck, many times, heirs and beneficiaries in the middle of a Florida Will Contest, get angry or frustrated, or at least disappointed, if they lose a motion or a court hearing.  That’s all part of the probate litigation Florida process, right? No one, I mean no one, bats 1.000 and hits it out of the park each day, each motion, each hearing, each objection.  Part of the role of a Florida probate lawyer is to not only be prepared, competent and forceful, but to also manage the expectations of an estate lawsuit client.  Is the widow or surviving spouse sad and overly emotional?  Is thestepchild angry and upset that he was cut out of the will from the Palm Beach Gardens estate plan?  Perhaps one sister or brother is jealous of the other, who inherited the Floridahomestead.  You get the picture.  So, it’s important to know what you are “fighting” for in probate court, and what you want to accomplish, or hope to accomplish.  Understanding therisks and rewards of estate litigation Florida is important, and estate attorneys and clients who are not on the same page can cause stress, more frustration and create a recipe for a poor attorney client relationship. Many times, this frustration can come about when a probate court rules against you.  This Florida estate law commentary is about the discretion which a Florida Probate Court can exercise and what amounts to abuse of discretion.

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.