Search Results: power of attorney

Did “Bradgelina” get married without a prenup? What could this potentially mean for their divorce case? Why are prenuptial agreements recommended by Florida probate Iitigators? How can prenups protect your assets?  Should my fiance and I consider a prenuptial agreement? What does a prenup have to do with Florida probate litigation? Can a prenup ensure that my children inherit from my Florida estate? Can a prenup waive Florida spousal inheritance rights? Will a prenup help the probate process in Florida to go smoothly for my heirs?

What is a guardianship? What do I need to know about Florida guardianship law? How long do guardianships in Florida last? What is a plenary guardianship? What is a limited guardianship?

In regards to trust litigation, when can I get sued in Florida? Can I get sued in Florida simply because a Florida trust pays me a monthly check? What is a long-arm statute? Just because something is a law, does that mean it is constitutional? When can jurisdictional issues arise in Palm Beach probate litigation? If you are a probate litigator, you may want to read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.

Are YOU entitled to be the personal representative of a Florida estate? What is the difference between an executor and a personal representative? Who is entitled to preference to administer a Florida estate? What Florida law gives that entitlement? Trust and Estates litigators know that, when involved in probate litigation or an inheritance dispute, familiarity with Florida Statute 733.301 is usually very important.

West Palm Beach, Florida trust lawyer John Pankauski has been cited in a book on trusts published by the Florida Bar.  Pankauski runs the Pankauski Law Firm PLLC,  a Palm Beach County litigation law firm which limits its practice to trials & appeals on wills, trusts, estates, guardianships (what Florida estate attorneys refer to as “probate litigation“) and related business litigation. 

West Palm Beach, Florida probate lawyer, John Pankauski, is honored to be cited in one of the country’s top legal writing on trusts. The Restatement (Third) of Trusts is a legal treatise or authority and commentary on trust law, which is used by appellate courts, academics and Florida trust lawyers. Being referred to in the Restatement of Trusts is an honor and a recognition of the accomplishment of this Florida trust litigation lawyer.

How can I avoid the problems that Prince’s estate is facing? Why should I bother having aFlorida will or trust? Isn’t it expensive to hire a Florida probate attorneyto draft a will or trust for me? Everyone knows that Prince died unexpectedly and without a will. Therefore, intestacy laws will govern who inherits his estate. As we are learning from Prince’s estate, and as probate litigators West Palm Beach can tell you, dying without a will or trust may not be the best idea.

Trustee Fiduciary Responsibility Responsibility, Impartiality & Good Faith Your duties go as far as always acting with impartiality and in good faith. What adjectives will your beneficiaries, your attorney, or a judge use to describe you and your tenure as trustee? Here are some adjectives to describe a good and competent trustee: Attentive Humble Reflective Advice-seeking Caring Inclusive Intelligent Prudent Honest Detailed Forthright Advice-seeker Condescending Deceptive Control-freak Sloppy Know-it-all Non-responsive Sneaky Late Neglectful Self-dealing Biased Frustrating Here are some adjectives to describe a bad trustee: Untimely a trustee’s obligations, or duties, include the ongoing duty to act objectively, impartially, and in good faith. They are so important, and must be so clearly understood by a trustee, that they warrant discussion. They are important and cannot be overlooked, suspended or ignored. They must be at the forefront of your thoughts. More recently, within the last 10 years, there’ve been a striking number of changes to trust law which were once thought unimaginable; including more clearly defined rights for beneficiaries, the use of third parties (trust protectors, investment agents, and designated recipients of information), expanded jurisdiction for courts, increased power and discretion for judges to intervene in the administration of trusts and also the opportunity to re-write the terms of an irrevocable trust through a court action called “information.” Nevertheless, one central tenet has remained unchanged: you, as trustee, are a fiduciary who is charged with looking out for, protecting and acting solely in the best interests of the beneficiaries according to […]

Can a Florida probate court reduce the amount of interest owed when it is outlined in apromissory note? Do Florida probate statutes allow for judicial discretion in this type of case? Can a probate court use equity to remedy a situation they think is unfair? Check out what the Fourth District Court of Appeals had to say about this issue in a recent March 30,2016 case.

Florida Trust Beneficiary Bill of Rights by the Pankauski-Hauser Law Firm PLLC 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. When trustees behave badly, a probate court can suspend the powers of a trustee, remove the trustee from serving any more, and make the trustee pay costs, attorneys fees, a financial fine often referred to as “surcharge“, and return compensation like trustee fees. In any trust beneficiary lawsuit under the Florida Trust Code against a bad trustee, you should consider what remedies and damages are available to you, and how best to achieve those. This is perhaps more important than it seems. Why? Well, most Florida estate planning attorneys prepare a revocable trust, also called a living trust, for their clients, which becomes a “will substitute.” In other words, […]