Search Results: power of attorney

Finding the “right” Palm Beach Estate Attorney probably turns on what you NEED. Read more below if you are in the middle of a dispute. If you need someone to write a will or trust for you, look for a good estate planning attorney. If you need some litigation counsel, consider seeing this short, free video. It just may help you find what you are looking for. Or, keep reading. How to find a good one “Shopping” for a good Palm Beach Estate attorney is kind of like searching for any service provider. What? Are you telling me that there is no difference in finding, say, a good dry cleaner or architect, from a “fire-breathing” litigator? Well, who we hire may be different, but aren’t most of your best search practices the same? Try to find someone who specializes in what you are after, who has years of experience, and someone you connect with. Have faith in. Can confide in. Have confidence in. If you are looking for a lawyer to write a will or trust, or POA, that’s an estate planning attorney. Don’t look for someone who handles probate litigation, trials and appeals. Palm Beach Estate Attorney But what if you objecting to a will or bringing a trust lawsuit? Or, maybe your Personal Representative or Trustee or Executor is not sharing information with you? Then, you need some “firepower”, right? (To see some free Florida probate litigation videos, click here.) Look for someone who backs up his or […]

When do you know if you need a Palm Beach Trust Attorney? And when should you have one who handles trust litigation? If you need someone who does more than “writes trusts“, read on. The key to your trust matter may just be selecting the “right” “firepower.” (If you believe that you need a trust litigator, you can read (FREE) more about what you may be looking for by CLICKING HERE.) Trust Lawyering So, to be clear, there are some really, really good Florida trust lawyers who write trusts. They do estate planning. They draft wills, powers of attorney, health care documents like health care proxies, and surrogates. And Living Wills. That’s NOT what we are talking about here. If you need a revocable trust, or a living trust, you need an estate planning lawyer. You don’t need a litigator who is in the “trenches” of lawsuits and litigation. If you have a trust issue, dispute, lawsuit or challenge, read on. Palm Beach Trust Attorney — understanding the trust” holy trinity” The type of Palm Beach Trust Attorney that you may need should be one who has the “firepower“. The experience in courts, trying cases. Handling Trust Appeals. SERIOUS trial experience. You need someone who not only understands the Florida Trust Code, Chapter 736. But also the Evidence Code, Chapter 90. And the Florida Rules of Civil Procedure. Why? Because if you are involved in a trust dispute over an accounting, an inheritance or a revocable trust, you may need […]

What is a power of appointment Florida and do trust beneficiaries ALWAYS get an accounting? A 2021 case from Florida, and one statute, tell us more. What is a power of appointment? A power of appointment is a right, or authority, or a power, to give someone property. Usually trust property — what’s in the trust To appoint the property to another. Or estate probate like in a probate, under a will. This also means that–and this is IMPORTANT– the “holder” of the power can NOT give you property. Yup! These powers are typically “flexible” in the sense that you can give property among a few beneficiaries or a class of family members. Just who can inherit or who “gets” the power is up to the person whose property it is. Like a wealthy grandmother who creates a trust. Or a successful corporate executive mother who dies with a will. Most common example What’s the most common example of a power of appointment? Let’s say that mom leaves a trust that benefits your sister for her life At your sister’s death, the trust says: “Upon [sister’s] death, Sister has the power to appoint the trust to her siblings or issue.” That means that Sister can “give” the trust to her descendants or to you (or other siblings.) How to read the trust + what to look for Here is a laundry list of these that you will want to know: Who created the trust? Who created the power? Who holds […]

A Florida Power of Appointment might mean that you inherit millions. Or not. Certain family members and heirs may be entitled to know about these odd “creatures” hidden in a Florida Trust Document. If you don’t inherit under a power of appointment, you may or may not have rights to find out WHY you did not inherit. One of the most frustrating things about them may be that your mom or dad has the right–the power!– to give you money or property. A January, 2021 case from Florida’s 1st District Court of Appeal discusses this legal topic. To learn more, read on. Where Can I Read More about Florida Power of Appointment? To read about Florida Power of Appointment, there are two places to start. First, start with Part 1 of Chapter 709 Florida Statues. Most people think of Chapter 709 as dealing with Powers of Attorney, like a durable power of attorney. That’s Part 2. Part 1 deals with Florida power of appointment. Second, did you know that someone with a power of appointment can bind other beneficiaries or even family members? Read a very specific part of the Florida Trust Code. Read 736.0302, Florida Statutes. This is super important. Why? Understanding the Basics A person who creates, or gives, or grants, a power of appointment is called the power creator. A power of appointment is the right, but not necessary an obligation, to give away property. To “appoint” certain property, or a property interest, to others. A person […]

A January 11, 2021 1st District Court of Appeal appellate opinion sheds light on Florida Power of Appointment Law. A power of appointment is a great power to give, or not give, money and property to others. But remember, an attorney reminds us that they can also be a power of dis-appointment. Many family members want to know what went wrong when they are not left trust money. This can cause trust lawsuits. The power has to be exercised properly, or they don’t work. Recent Caselaw from 1st DCA The 1st District Court of Appeal issued its opinion on January 11, 2021. The case is Ammeen v. Sjogren. This recent case dealt with two important Florida legal issues for probate and trusts. First, can someone who has a power of appointment bind others, even potential trust beneficiaries? This is an issue of REPRESENTATION. Second, who has standing to bring a trust lawsuit when there is a power of appointment? Florida Statutes The Florida Legislature has specific statutes on Florida Power of Appointment law. Fla. Stat. 709.02- 709.07 can be read for free by CLICKING THIS LINK. Chapter 709 of the Florida Statutes deals with Powers of Attorney and also Powers of Appointment. Don’t get them confused. Part I of Chapter 709 deals with Florida Power of Appointment Law. A Power of Appointment is a power given by someone typically called the “grantor” of the power. The one who can exercise the power is often called the “grantee” or “powerholder.” You […]

Who may be subject to a guardianship in Florida? What do I do if a family member files for guardianship of me? What happens if I am deemed incapacitated by a West Palm Beach guardianship court? When should I hire a Florida guardianship lawyer? What if I don’t like the court appointed attorney? As an alleged incapacitated person, can I hire my own lawyer? What is Florida Statute 744.331?

What is invasion of privacy? What should probate lawyers or trust attorneys know about invasion of privacy? How much privacy will the government give you? Should the winner of a $560 million Powerball jackpot be allowed to remain anonymous?  A March 12, 2018 New York Times article reveals that a New Hampshire judge ruled that the winner of a $560 million Powerball jackpot can remain anonymous. 

 On Friday, March 9, at the annual Palm Beach County Bar Association’s Bench Bar Conference, Allison Sabocik of Pankauski Hauser served as a panelist for the session on Probate and Estate Practice.  Two other attorneys and two judges were on the panel with her, and the session was co-moderated by an additional two attorneys.

Allison Sabocik, Esq. of Pankauski Hauser has been asked by the Elder Law Affairs Committee of the Palm Beach Bar Association to present the Florida legislative and case law update at the 20th Annual Elder Law Seminar. The seminar will be held on Thursday, November 9,2017 from 8:00 a.m. to 4:40 p.m. at Florida’s Fourth District Court of Appeal.

Pankauski Hauser PLLC is proud to have Allison Sabocik as part of our team of experienced Florida probate litigators. According to the Spring 2016 UF Law magazine, Ms. Sabocik “has earned a Martindale-Hubbell AV Preeminent rating based on peer reviews and recommendations.