What is an unjust enrichment action? When can a West Palm Beach probate lawyer bring an unjust enrichment claim? What should Florida trust attorneys know about unjust enrichment claims? Are these claims common in probate or guardianship lawsuits? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.
A probate court’s right to sanction beneficiaries, trustees, and executors. Are you involved in a Florida probate, an estate, or a trust, or guardianship matter, and you think somebody’s not playing by the rules? If parties to a lawsuit in Florida are exhibiting bad conduct, or frivolous claims, or defenses, or lawsuits, you’re not alone. In Florida, courts have the ability to sanction bad faith conduct by their inherent authority. Courts in Florida have the inherent authority to punish people who are behaving badly. A recent case from February 20, 2019 discusses that authority. That’s the Perlmutter case. That opinion was issued by the Palm Beach appellate court, the Fourth District Court of Appeal. If you want to read more about a court’s inherent authority to sanction bad faith conduct, go to the Fourth District Court of Appeal website, click on Opinions and scroll down. You can read the opinion for free.
What is a petition for discharge in a Florida probate, or a Florida estate? Hello, my name is John Pankauski. I’m a litigation attorney at Pankauski Hauser and West Palm Beach. All we handle is Florida probate litigation. Including litigation involving estates, trusts, and guardianships. What is a petition for discharge in a Florida probate, or a Florida estate? That’s a request by the personal representative or the executor to close the estate down. But be careful, it’s a lot more than that. You need to read the petition very carefully. You need to respond in writing within 20 days because that petition of a discharge is going to talk about accounting, asset, expenses, attorneys fees, costs, and a plan for distribution of the assets. Know what your rights are when you respond to the petition for discharge. And remember, if you don’t respond, the law is not going to help you if you remain silent. That’s going to be set for a trial, or some type of a hearing. Know how to exercise your rights if you object to the petition for discharge, and make sure you do it within the required timeframe.
How to find a Florida probate litigation law firm. If you’re involved in an inheritance dispute or a probate dispute, you may need a litigator. That’s a different skill set and a different practice area than probate administration, being an estate lawyer or writing wills and trusts. If you need a probate litigation firm in Florida, you want to find somebody who limits their practice to this particular area. Somebody who’s got 20 years plus experience. Somebody who is in a boutique firm where all they do is handle this particular limited area of the law, Florida probate litigation. Somebody who’s not handling criminal work, divorce work, or anything like that. They’re in civil court, they’re in probate court all the time handling lawsuits, disputes involving wills, trusts, estates, and guardianships.
Unfortunately, financial exploitation of the elderly has become a huge issue throughout Florida. Palm Beach guardianship lawyers and estate attorneys frequently receive calls from concerned relatives or friends regarding an elderly person being financially abused. What are the different ways that an elderly person may be financially exploited? How can you detect if your mom or dad is being financially exploited? What should you do if you believe that your elderly relative is being taken advantage of by a caretaker or “friend” ? When do you need an experienced Florida guardianship lawyer? Florida Couple Arrested for Financial Exploitation of the Elderly A recent article by Fox News describes just one way that an elderly person can be financially exploited. Here, a Florida couple allegedly stole over $50,000 from the bank account of an 82-year-old veteran. They stole most of the money by placing threatening calls to the man. They would tell him that, if he didn’t pay, he would have to go to jail. The police became aware of this scam because the poor elderly man called the Veterans Crisis Center after discovering that his bank account had been drained. He told the Crisis Center that his bank accounts were negative, and that he didn’t know what to do other than to end his own life. To read the entire article about this Florida exploitation of the elderly case, click here. Power of Attorney Mis-Use The above article discusses how an elderly person can be financially exploited by a scam […]
Do you believe that your mom or dad is a victim of probate fraud in Florida? What if your evil sister unduly influenced your mom to change her Palm Beach estate plan? What if your brother forced your elderly aunt into changing her POA so that he could steal from her? Has your mentally impaired parent been wrongly influenced to make changes to his or her Florida will?
Palm Beach appeals court Justice Barbara Pariente has retired, and The Fourth DCA Historical Society is hosting a Continental Breakfast on May 10, 2019 at 8:15 a.m. in honor of her. Judge Pariente admirably served on the 4th District Court of Appeal (DCA) for Florida, which hears appeals for Palm Beach, Martin and Broward Counties. Everyone at Pankauski Hauser PLLC, in West Palm Beach, Florida, wishes Judge Pariente a fun and happy retirement. Pankauski Hauser has an active appellate practice in Palm Beach and throughout Florida, handling appeals for probate, trust, guardianship, estate, business and divorce matters. Robert Hauser, esq. of Pankauski Hauser is Board Certified by the Florida Bar in Appellate Law. For a free consultation with an experienced appellate attorney, call (561)514-0900 ext.101.
If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
Florida probate lawyers know documents get lost, that includes occasionally a Last Will and Testament. What can you do when your Florida will is lost? Can you get a lost will admitted to probate? Florida estate attorneys know how to get the will admitted with limited Florida probate litigation. Want to learn more? Check out this recent appeal from the Courts of New York that deal with a lost will being admitted to probate.
Make Sure you Have the Judgment Correct Fraud on the court, make sure you have the order or the judgment correct or it could be subject to reversal or remand. Are you involved in a probate matter such as an estate administration or a Palm Beach trust or a Florida guardianship and you’re convinced that somebody’s lying or doing something wrong. I can’t tell you how many times beneficiaries call up interviewing the lawyers and appellate attorneys at our firm talking about fraud on the court. That seems for whatever reason to be a popular phrase that people are very concerned with. Fraud on the court is a very serious allegation, you’re in essence saying that somebody is lying to the judge which is not cool. When you’re lying to a judge, you’re attacking our entire, not only our judiciary, but our entire Civil Procedure and legal process and that’s dealt with harshly. But we don’t always have fraud on the court. Lawyers after all, parties are entitled to be strong advocates and try to convey to the court the way they see the particular facts and what inferences may be drawn from those facts. Now if there really was fraud on the court, the court needs to make very specific findings in its order finding that there was fraud on the court. If you want to read more about this Florida litigation subject in a non-probate case, read the