Search Results: declaratory

If an attorney or other professional in West Palm Beach acts negligently you may have an action for malpractice. In order to protect themselves from exposure, often professionals will retain malpractice insurance. This means that collecting from a Palm Beach malpractice action can be relatively simple, compared to collecting judgments from an uninsured person. When your lawyer commits malpractice, you want them be insured but what if a policy exclusion stands in your way? The Third District Court of Appeals heard a case this last December over just such an issue. 

Are  you a business owner involved in commercial litigation like a contract dispute?  Palm Beach employment litigation? You may want to read today’s (March 25, 2015) 4th District Court of Appeal opinion regarding Florida employment law, an employer’s contention, andemployment grievance procedure.

Are you involved in a wrongful death case Palm Beach?  Or do you seek a declaratory judgment from the local probate court Delray Beach?  If so, and if you had a “deal” to split the wrongful death money, be cautious: you will want to read this West Palm Beach Probate Appeal opinion just handed down.

Our society is used to customer service, if you do not like your barber   chances are you will not be coming back right? Unfortunately Florida Probate Judges are not reviewed on Yelp! (atleast to my knowledge!) so you may be disappointed with a finding but you have to deal with it. What you may not know though, is that you are entitled to have court orders in writing and reasoned. A case out of Ohio that was decided on February 13, 2015 outlines how a Court must write out the basis for their decisions.

When a Personal Representative in Florida breaches their duties and is foundliable in Florida Probate Court they can either be liable individually or in their capacity as PR. The difference is important for you if you’re the one suing because it may affect your ability to collect your money that you did not properly inherit. A recent case in Texas illustrates three mistakes commonly made by PR’s that get them into hot water.

Thinking about bringing an undue influence lawsuit in Florida about a big gift? Maybe someone gave something away or put someone’s name on a Florida joint bank account?  Or, maybe you just read your mom’s will or your dad’s revocable trust and believe it’s the product of undue influence.  Well, what exactly is undue influence in Florida probate and can it be used to set aside other gifts?

Did grandfather’s will leave everything to someone…..or did part of the inheritance under the will fail ?   Do    grandchildren inherit    — not under the will — but as heirs or next of kin?  Who wins: the #foundation or the #grandchildren ?

Florida trusts hold a lot of money. I’ve never seen any estimates, or studies, but anyone’s best guess is that Florida trusts hold billions and billions of dollars.

The Pankauski Law Firm PLLC successfully removed a Florida trustee from continuing to serve as trustee of a Florida trust. The West Palm Beach law firm, whose practice is limited to estate and trust matters, represented two Florida trustees seeking the removal of a third, co-trustee. The two co-trustees were successful, prevailing at a specially set, evidentiary hearing in the probate court which hears Florida trust matters in Palm Beach County, Florida. The hearing occurred in the probate court in the downtown West Palm Beach, Florida courthouse.

Who will control Mom’s estate and all her money? Her daughter or her husband? This is the question posed by a very recent probate lawsuit that wasn’t just fighting over an estate, or a lot of money. It also was an inheritance dispute over whether Mom was validly married to a man when she died. Of course, this lawsuit questioning whether Mom’s last marriage was void or not occurred AFTER Mom’s death !