Search Results: power of attorney

Are there different types of guardianships in Florida? What are they? What should my probate litigator know about the different types? What is a limited guardianship? What is a plenary guardianship?

If I am subject to a guardianship in West Palm Beach, can I still get married? What is an adult guardianship? 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 Guardianships Probate lawyers know that, when we talk about guardianships in Florida, we’re not talking about guardians for minors. Instead, we are talking about guardianships for adults. Adults may be subject to a guardianship if they become incapacitated and unable to care for themselves. Oftentimes, family members file for a guardianship over a loved one in order to ensure that the loved one is being properly cared for. A Florida guardianship proceeding is initiated by the filing of a petition with a probate court. This petition explains that the person you are seeking a guardian for is incapacitated and needs some protection, or rights taken away. There is then a process to determine whether the person is incapacitated. The court also considers whether there is a lesser restrictive alternative to a guardianship that adequately addresses the person’s needs. For example, if a person has a power of attorney and a revocable trust, he or she may not need a guardian. Florida Guardianship Litigation At Pankauski Hauser, guardianship matters have become a very large part of our probate practice. This is because guardianship litigation in Florida is becoming more and more frequent. Guardianship litigation […]

What is the elective share? Florida probate lawyers know it is not as easy as it sounds to disinherit a spouse. You can disinherit a child relatively easily, just leave everything to everyone else. Estate attorneys in Florida know about the elective share statute. Do you know what it does. No matter what a spouse is left in Florida, they can elect to take the elective share. How much is it? The elective share under current Florida statute is set at 30% of the elective estate. Is that the same thing as the probate estate? Not necessarily. Estate attorneys in Florida and especially Florida will contest lawyers can tell you, it can be very easy to limit the probate estate. Simply putting everything in revocable trusts could do the trick. The elective share is not so easy to escape. Why? Because the elective estate also contains those types of property that may otherwise not be contained there. Want to learn more? You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

Palm Beach probate lawyers know that the guardianship process in Florida is not perfect, but it offers unique protections to wards in Florida.What is a ward? In an Orlando or West Palm Beach guardianship, a guardian is appointed to protect an incompetent adult or minor ward.

Have  you ever considered that those text messages you are constantly sending could appear in a future lawsuit against you? Did you know that “cyberbullying” is being taken more and more seriously by the courts? How could a text message that you sent affect your Palm Beach probate lawsuit? How could a text message cause you to lose your Florida inheritance battle? 

Can an estate in Florida be a party to litigation? NO! According to a recent Second DCA case, Spradley v. Spradley, an estate is not an entity that can be a party to a Palm Beach lawsuit. So then how do I file a claim against someone’s estate? Who do I sue? How is my Florida probate attorney going to file a lawsuit against my mother’s estate if I am not able to sue it?

On July 3, 2017, The New York Times reported that Jamie Horowitz, a top executive at Fox Sports, was immediately fired after a sexual harassment investigation. 21st Century Fox, which owns Fox Sports and Fox News, has been negatively featured in the media a few times over the past year due to sexual harassment and misconduct claims.

On February 24, 2017, the Rolling Stone reports that Katherine Jackson, Michael Jackson’s mom, joined former Jackson associates in a lawsuit against the executor of his estate. According to the article, her lawsuit against the executors, John Branch and John McClain, is “over a stake of ownership in the Michael Jackson Company”. Ms. Jackson “asserts that important estate matters have been made without her input.” Is this a reason to sue the executor or personal representative of an estate? When can beneficiaries of an estate sue the estate?

On January 3,2017, USA Today wrote about a contract that contained a “no cheating” provision. John Scott and Tina Hemingway, a couple living in Indiana, had been dating for eight years when Scott decided to add Hemingway’s name to property that he inherited. However, before adding her name to the property, Hemingway signed a contract that stated that cheating could not occur. If Hemingway cheated on Scott, she would lose her rights to the property. A few months after the contract was signed, Hemingway cheated on Scott. In fact, she became pregnant with another man’s child! The contract was handwritten and signed. Is a condition like this one allowed in a contract? Can you include conditional clauses in Florida trusts and wills?

For trusts which are administered according to Florida law, trust beneficiaries have a LOT, I mean, a LOT, of rights. Most trust beneficiaries realize that you are entitled to trust accountings, but that’s just the tip of the legal/beneficiary rights iceberg. Although our trust litigation law firm in Florida has a robust defense practice of assisting trustees with the administration of trusts, we also are hired by a number of beneficiaries who need help getting information from their trustee. Many times, a trustee simply won’t tell the beneficiary where the money is, how the trust property is being handled, or what the money is being spent on. The Florida trust beneficiary is in the dark. And when trustees act like that, they can get into a lot of trouble.