Search Results: revocable trust

A Palm Beach Inheritance lawyer may be needed to help you with your inheritance. If you are “contesting” something in a Florida probate or trust, maybe you need a litigator. (Someone who actually handles probate trials + appeals all the time…..NOT just some lawyer who says they “go to court“. ) If you want a lawyer who does more than just “writes letters” demanding your inheritance, and you want a probate litigator, read on. This just may be the best 4 minutes you have spent on your Florida matter. (For more info, you can read free legal commentary and guidance by clicking HERE . ) Palm Beach Inheritance Lawyer = Firepower OK…………..not everyone needs an Alpha Dog, right? Many times, you are going to inherit money from an estate. A Florida probate. Maybe a revocable living trust. So, if you trust your trustee or Personal Representative, you don’t need a Palm Beach Inheritance Lawyer. But……………..what if that person is not sharing information with you? And………..sometimes, things are not breaking your way. Sick and tired of YOUR Personal Representative or Trustee not showing you the books? Or NOT telling you where YOUR money is? What can you do? (For a brief read, free, on whether you need to hire a pitbull or not, read THIS.) Baby Steps OK…………..so there are some basic, simple things which you can do. First of all, you can open a probate. That’s a court proceeding. Why? Because it causes all “interested persons” to play by the […]

Regrettably, there are a lot of “contested” guardianships. Every day, it seems, Florida Probate Judges must make difficult decisions. Guardianships have a couple of purposes. First, they determine whether someone needs assistance and protection if they are incapacitated. An aging or afflicted Florida resident may seem fine on the outside. But they may not be able, in the eyes of a judge, to exercise all their rights. They, and their property, money, may need management + protection. Second, guardianships often confirm or appoint someone to take care of that person who is vulnerable. A guardian or a Power of Attorney, or maybe a trustee for just the property. Many times, family members “fight” over who will control mom or dad. And their money. We have previously provided commentary on FLORIDA GUARDIANSHIPS. Now, let’s focus on how to fight guardianship Florida. Understanding Guardianship Law There are 4 really important things that you can read for free to understand Florida guardianship law. And learn how to fight Florida Guardianship. First, read the Guardianship Code. Chapter 744 of the Florida Statutes sets forth the law of Florida Guardianship. It can explain the TYPES of guardianships. Many times, people will file a motion or petition for EMERGENCY TEMPORARY GUARDIAN. This often upsets family members who are not given “notice” of this until a judge enters an order. There are also “plenary” guardianships. Or guardianships over just the property. Or, just the person. One of the most important rules is to file an appearance in […]

Are you considering filing for guardianship over a loved one? It may be difficult to do when your mom or dad are slowing down. Or faltering. But advanced age and decreased mental acuity can make loved ones susceptible to financial abuse. Adult Florida Guardianship is one way to ask a Probate Court for help. And to protect your parents’ property and their health. To read a host of FLORIDA GUARDIANSHIP topics and commentaries on the law, CLICK THIS LINK. Guardianships in Florida At Pankauski Lazarus, we frequently encounter family members who are concerned about elderly relatives and wish to file guardianships. However, it is important to consider all of the facts prior to petitioning. Is the person you are concerned about incapacitated? Does he or she suffer from dementia or Alzheimer’s? Does the person go to the grocery store and bank on his or her own or require assistance? Is the person taking care of him or herself? Also, it is important to consider the costs of filing a guardianship. Guardianship litigation can become pricy, especially if the guardianship is contested. Will your brother or sister fight you for guardianship of your mom? Chapter 744– Florida’s Guardianship Laws There are a lot of rules to help you along in the Adult Florida Guardianship process. Miami guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Miami, or anywhere in Florida, you should refer to this chapter. An experienced Florida […]

What is a health care surrogate? What is a power of attorney (POA)? How is a health care surrogate different than a guardian? When may Florida litigation regarding a health care surrogate occur? What decisions can a health care surrogate make? Florida Adult Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children or friends of the elderly file a guardianship to protect someone who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. In Florida, guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in West Palm Beach, or anywhere in Florida, you should refer to this chapter. You should also consider interviewing an experienced guardianship litigation lawyer who can answer your questions and properly file petitions on your behalf. Guardianships and Lesser Restrictive Alternatives Florida guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. Guardianship lawyers know that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. Therefore, you may be able to […]

What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? Elective share in Florida, unless it’s waived, is an inviolate right. It doesn’t matter what is in your deceased spouse’s Florida will. Therefore, if you are a surviving spouse, don’t sleep on your inheritance rights!  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.

Probate lawyers know that surviving spouses in Florida have many rights. With that being said, surviving spouses often hire estate lawyers to assist them in receiving their inheritance. Oftentimes, surviving spouses end up in probate battles with family members of the decedent. Therefore, a trust lawyer is necessary for the surviving spouse to insure that his or her inheritance is not taken! 

Recently, the law has changed creating inheritance rights for same-sex couples. Now, same sex couples can marry, and Florida recognizes gay marriages in other states as valid marriages. If you are a same sex couple who is married, you now have many inheritance rights that you did not have a few years ago. Many times, people do not have a will when they pass away, or they have a prior will that leaves the Florida estate to someone else. Now, if you are validly married, you inherit as the surviving spouse and are entitled to an elective share.

In Florida, what happens if my name was on my husband’s life insurance policy but we got divorced? Can I still inherit my wife’s annuity if we get divorced? What should West Palm Beach lawyers know about annuities and divorce? One of the most difficult and complex areas of probate litigation and estate administration in Florida is claims from an ex-spouse.

John Pankauski is an attorney and partner at Pankauski Hauser PLLC in West Palm Beach, Florida. His second book, Pankauski’s Probate Litigation: Top 10 Probate Mistakes will soon be available. In Pankauski’s Probate Litigation Guide, probate trial lawyer John Pankauski- the attorneys who the attorneys hire- draws from his years of experience fighting over billions in wills, trusts, and inheritances, to give you a real life look at how family members will fight over your purse.

Do you suspect that someone has mis-used a power of attorney in Florida or taken money from your elderly relative or grandparent in Boynton Beach? Is your friend’s son-in-law or step child abusing their privileges to an elderly person’s bank account? What do I do if I suspect that my elderly friend or parent is being financially exploited? According to Florida law, what is financial exploitation? Ask any West Palm Beach trust lawyer and they will tell you that financial abuse of the elderly in Florida is a serious concern.