Search Results: power of attorney

Where’s the money? Lots of family members, heirs and beneficiaries want to know more about the estate inventory in Florida probates. Here’s all you need to know in 1 minute and 55 seconds. (For more about this topic, you can click HERE to read free Florida probate commentary with no sign-up.) What’s in the Florida estate? Everyone wants to know “where’s the money?! ” Well, if a Florida probate is opened up, the Personal Representative is required to file an estate inventory. Florida Probate Rule 5.340 requires that an inventory be filed. When? Within 60 days of the court issuing “letters of administration.” (Letters is actually a single court document signed by a judge that gives the executor, or Personal Representative, the power to act.) Amendments, and updates to a Florida estate inventory are expected. Getting what’s yours So, what do you do if no inventory was filed? You file a motion with the probate judge. What does the motion say? It asks the judge to compel the executor to file an inventory forthwith. (see below, too) What do I do if there are missing assets? “You need to do two things” says probate litigation attorney John Pankauski. “File a motion to compel or file a Petition for Return of Probate Assets.” To read more about Florida probate inventories, you can read two things. Florida Probate Code statute 733.604. This will give you a quick introduction to this topic. This is the law, or statute, on inventories. Next, you can […]

When do you really need an inheritance lawyer in Florida? Well, let’s first understand what one is. Then, we can discuss the most common times that people hire one. Finally, we’ll close by considering 6 factors to consider when you are interviewing one. What is an inheritance lawyer? An inheritance lawyer in Florida is one who can assist, counsel, guide or litigate legal matters for you. About what? Well, not everything. Involving inheritances. Property, property rights or money which you may get when someone passes away. Or… when a prior property interest ends. Like if you inherit a trust. OK…so…when? Under what circumstances? The most common are two areas of Florida law. Estates and probates. And Trusts. One may be a counselor. Informing and educating you about, for example, the probate process. Or how trusts work in Florida. Advising you on fiduciary fees, administration of an estate or trust. Giving you straight-talk and easy-to-understand explanations about what you are supposed to inherit and when. One may be an advocate. This advocate role of an inheritance lawyer will take a stand for you. Argue in court. File papers for you. And, also explain what court-filed documents are, what they mean, and how they affect you. An advocate is biased ! For you ! Most people want someone on their side. Or, one can be a probate litigator. You know, the type that isn’t afraid to “get dirty”. Who actually tries cases and handles appeals. They typically limit their practice to disputes […]

Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words. What You Need to Read How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read. The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights. Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules. I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys. Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash. Florida Guardianship Lawyer — do I really […]

Trust law in Florida is sort of specialized, right? I mean there are special rules and laws. We have previously written about hiring a Florida Trust Lawyer. Now, let’s go a bit deeper and give you another perspective. Whether you are a beneficiary, trustee, or you were cut-out of an inheritance, and need to file a TRUST CONTEST, the following should be helpful. How Do I Find the Best? Many times, wealth in passed along to a trust. You don’t get your inheritance OUTRIGHT. Your receive money or property in a Florida Trust. And you have to ask your trustee for money in many cases. That’s because many trusts give a trustee the DISCRETION to give — or not give— money to you. That’s a lot of power over a lot of money. Beneficiaries who claim that their trustee is not behaving properly may sue. Many times, those Florida trust lawsuits revolve around whether or not the trustee abused her discretion. For a free video on Trustee Abuse of Discretion, click that phrase. To read a book about being a Florida Trustee written by trust litigator John Pankauski, Esquire, click HERE. Find the Florida Trust Lawyer That’s Right For You Now, no one is telling you to run down to the county clerk’s office and file a trust lawsuit. But, it may make sense to have a Florida trust lawyer explain how your trustee is doing. How is the trust being managed? The truth is, many times beneficiaries mistakenly believe […]

Every let-down trust beneficiary wants to know if you can get punitive damages in trust cases. The answer is “yes.” You can sue your trustee for punitive damages. ……… But you need to understand the procedure for seeking punitive damages + the basis for wanting them. Otherwise, an appellate court could dismiss your claim for punitive damages. This happened on September 10, 2021 in a Florida appellate opinion. For more information on punitive damages against a trustee, click HERE. For a free video, click HERE. Understanding Punitive Damages in Florida Trust Cases You can’t get punitive damages automatically in Florida. No matter how bad your trustee acted. You have to ask permission from the judge. You have to file a motion to amend your complaint. To now include a claim, or a “count,” for punitive damages. You can read the statute about pleading for punitive damages, which is Florida Statute 768.72. Then the judge will hold a hearing on this. And that’s when the work begins ! There’s 2 reasons for punitive damages: to punish a bad trustee and to deter future wrongdoing. But be mindful that seeking, let alone obtaining, them is not a layup. Go in with your eyes wide open. While seeking punitive damages can be one of the most powerful things an experienced trial attorney can do you for you, know this. Even if you get ’em. There are limitations and the damages can’t be excessive. That’s why many advise trust beneficiaries in Florida to get […]

An August, 2021 appellate opinion tells you all about Florida fraud on the court. What do you need to know to prove your case? We have previously provided Florida legal commentary about probate fraud. For a free video on CIVIL THEFT, click HERE. Understanding This Legal Concept — lying and motions What is Florida fraud on the court? Well, let’s start with fraud. What is fraud in Florida? Think of fraud as a lie. A really bad mis-representation. Meant to deceive. In come contexts, like fiduciaries — like trustees— fraud can be constructive fraud. That’s when one has a duty to disclose or provide information, but they don’t. In Florida, there are many types of frauds and many rules. Fraud on the court, however, is a different type of fraud. If you believe that someone has lied to the court, to the judge, or to you, consider filing a proper motion. A motion has to have the specific lies or frauds and must list why the other side is lying. And what the court should do because of those lies. What do you need to know? Fraud on the Court in Florida On August 18, 2021, the 3rd District Court of Appeal released its opinion. Chess v. Sweeney This case dealt with Florida Fraud on the Court. For those who have been lied to in court, you may want to read this case. You may also want to file a motion and alert the judge to this. Below is a […]

When should a Florida probate court appoint a Florida administrator ad litem? A recent Miami Dade Appeals Court case discusses this issue. If you are involved in a probate that involves conflicts of interest with the executor, read on. We have previously provided free, helpful FLORIDA PROBATE VIDEOS on similar topics, INCLUDING conflicts of interest in Estates. Estate Conflicts of Interest We all know that a personal representative runs the Florida estate. But what do you do if the personal representative has a conflict of interest? Generally a conflict of interest arises when the Florida Personal Representative’s duties to estate beneficiaries and family members conflicts with her own personal, or individual, interests. A common example is when the Personal Representative wants to buy an estate asset. She has a DUTY to get the best or highest price. But she, personally, may want to pay as little as possible. What do you do when there are MILLIONS in the estate? To read about an executor’s duties, click HERE. When that occurs, experienced probate litigation attorneys may ask the probate judge to appoint a Florida administrator ad litem. But what’s that role? Florida Administrator Ad Litem Role The Florida Probate Rules discuss the role of an estate administrator. It’s common to appoint one when there are conflicts of interest. Or, sometimes if you need a temporary person to run the estate. Additionally, one may be appropriate if there are “dueling” petitions for the appointment of a Personal Representative. After all, if everyone […]

A January 2021 Florida appeals court opinion deals with breach of fiduciary duty Florida. If you are a beneficiary of an estate or trust, listen up. If your fiduciary is not behaving properly, you may be able to sue for breach of fiduciary duty. Against an estate executor or trustee. A January, 2021 case deals with breach in an important trust context. If a trustee’s bad acts are serious enough, they can be REMOVED as trustee. Knowing all your remedies as a beneficiary is key to your case. This can include getting your attorneys fees paid, SURCHARGING your trustee, making her account, getting her to return compensation and fees. But, beneficiaries be aware of very short STATUTES OF LIMITATIONS which may be only months-long. Breach of Duty by Trustees in Florida A trustee’s breach of their duties is serious business. First, trustees in Florida owe a lot of duties to their beneficiaries. Heck, read the Florida Trust Code to learn more about trustees and Florida trusts. A breach is like a broken promise. If damages are caused, the trustee can be liable for those damages, SURCHARGE and even your attorneys fees and costs. But you have to have STANDING to sue the trustee. You have to have some legal connection to the trust or the trust property. And before you run off and sue your trustee, consider this. If you lose, your trust share, or you, may have to pay the trustee’s attorneys fees. There are fee shifting laws in […]

Is your Florida Probate Lawsuit stuck in the mud? Maybe you are sick of sports analogies. But, consider these 5 ways to go on the “offense” for your estate case. But, you need to be ready for a probate trial. If you are not ready for a trial, maybe you should consider a “Plan B.” There is a small group of excellent trial attorneys who limit their practice. They have explained HOW THEY APPROACH A PROBATE CASE. And it’s OK that this group of Experienced Trial + Appellate Attorneys is not for everyone. You need to find the right fit. Knowledge is Power: Understanding Your Probate Case First, consider your Florida Probate Lawsuit as a whole, the facts and the law. “I can’t tell you how many times I get a call from prospective clients who want to change attorneys” says Probate Litigator John Pankauski. He advises taking a step back and getting a “30,000 foot” view. There’s two things that those new or potential clients always talk about. “First, they want to go on the offense and get aggressive. Second, they don’t know exactly how much they are fighting over.” How much are your damages? How strong is your case? How weak is your opponent’s? These are all basic questions you need hard and fast answers for. If you don’t have them, maybe you don’t understand your probate case. If you are filing a WILL CONTEST, what is the basis to attack the will? A complete and thorough analysis […]

Billions of dollars are in Florida trusts. And most trustees have the discretion to give beneficiaries money — or not ! What is Florida Trustee Discretion? We have previously provided commentary on Florida Trustee Breach of Fiduciary Duty. Now let’s consider the power of a trustee to exercise its discretion to give you trust money. Florida Trust Code Chapter 736 of the Florida Statutes is the Florida Trust Code. It tells you all about the law of trusts in Florida. This law also speaks about a trustee’s discretion. “There are two important things for any beneficiary to read” says trust litigator John Pankauski, author of Pankauski’s Trustee’s Guide– 10 Steps to Family Trustee Excellence. “One is the trust document itself. The other is the Trust Code.” Specifically, Pankauski says to read Florida Trust Law 736.0814. This trust law talks about a trustee’s discretionary powers. Pankauski knows a thing or two about trust lawsuits. His firm of expert litigators and appellate lawyers restrict their practice to litigation and appeals of trusts and estates. “A lot of out of state trust beneficiaries need assistance reading the trust document” says Pankauski. “And understand whether their Florida Trustee acted properly.” We have previously provided commentary about SUSPENDING your trustee vs. REMOVING your trustee. Now, let’s focus on Florida Trustee Discretion. Appealing Trustee Discretion What are the rules if you don’t like a trustee’s decision? Let’s say that the trust document says the trustee may distribute money to you for health, education, maintenance and support. […]