Search Results: guardianships

Discovery can be voluminous when litigating matters involving wills, trusts, estates and guardianships. Often, the other side may seek documents which they want you to produce, but which may not be required to be produced. As an example of this is when you have documents which are protected by the attorney-client or work product privilege. Knowing when to file a so called “privilege log” is important . A recent case from the 4th District Court of Appeals in West Palm Beach, Florida spoke to this issue, although it is not a matter involving wills, trusts, estates and guardianships. If you would like a copy of the DLJ Mortgage Capital, Inc. v. Fox opinion, email michelle@pankauskilawfirm.com

Here’s the FIRST thing you MUST know about a Palm Beach Guardianship. Is it contested or not-contested? If it’s not-contested, probably any old guardianship lawyer will do. If it’s contested, that’s a different story. Consider finding an experienced guardianship litigation lawyer. Understanding Guardianship in 2 Easy Steps (sort of) How can you learn all about Florida guardianships quickly? First, read Florida Statutes Chapter 744, also called the Guardianship Code. These are the Florida Statutes which tell you about how a guardian is supposed to act, whether she is a fiduciary, how the legal process works and how to end a guardianship. It will also introduce you to new words and phrases. Like “incapacity”, “alleged incapacitated person”, “lesser restrictive alternatives”. And, it will tell you what to do if there is a power of attorney. Second, interview as many guardianship lawyers as you have time for. Look for those who SPECIALIZE in this area and are experts. How will you know if the Palm Beach Guardianship lawyer is an expert? You’ll know………………………….. Here is a list of questions which you may want to ask when you interview: Palm Beach Guardianship So, to learn more about Florida guardianship law, you can click on THIS LINK for free videos. No credit card, no “cookies” to accept or reject, and no personal data required. In the end, there are a LOT of lawyers in South Florida who say they “do” guardianship. Most are probably uncontested matters. If are “fighting” about whether someone is incapacitated […]

How do you find a good Palm Beach Guardianship lawyer, and, what, EXACTLY, is one? (For free, helpful videos on Florida Guardianships, click HERE.) Palm Beach Guardianship Lawyer For good or for ill, guardianship cases have exploded. If you asked me 20 years ago if I would be handling contested guardianships, I would have guessed “no.” But, now, contested guardianships are a vital and important part of the probate litigation practice at Pankauski Lazarus. And, I’m proud to say, we have built up a stellar reputation, Florida-wide. To read more about our guardianship practice, click HERE. It may assist you in determining whether you need to file for a Florida guardianship or not. Let’s discuss the “two” “main” types of Palm Beach Guardianship lawyers. Contested vs. Un-Contested Guardianships in Florida There are two types of guardianships: contested and un-contested. You don’t need me for an uncontested guardianship. That’s where everyone gets along and there are no disagreements. The truth is that there are many fine guardianship lawyers out there who do a good job. At much lower rates that a guardianship trial lawyer like me. They know Florida Guardianship Law and are effective at assisting families. But, what if you don’t agree? What if you disagree?……………………….a LOT!? Disputed Matters When parties to a Palm Beach Guardianship do not agree, we call it a “contested” guardianship. There are two things which may be contested. First, whether or not someone, the alleged incapacitated person (AIP), is competent or not competent. Do you […]

To raise an objection, to object to a will, or file something in a Florida probate, you must be an interested person. And while we have discussed this “weird”, obscure, estate concept previously (click HERE to read more for free), we are going to explain this in 5 easy steps or lessons. Heirs vs. Interested Persons What’s the difference between an “heir” and an “interested person?” To read about Florida heirship for free, click this LEGAL LINK. Heirs inherit the property of a Florida resident who dies without a will. That’s called intestacy. Or “intestate succession.” (For a free Florida video, click here. ) You can also read the legal definition at Fla. Probate Code Section 731. 201 (20). That’s DIFFERENT than an interested person. Yup……………….. the answer to your question that you are thinking about is “yes.” (An heir might not be an interested person). Why Does It Matter ? Well, first of all, you might want to participate in the probate. And, if you are an “heir”, and there is no will, you inherit! (probably !!) There is a special statute on what family members inherit. Actually there are two. See 732.102 and 732.103. Heirs who are a surviving spouse have one statute. Other heirs have another. Think of heirs as the surviving spouse + descendants or “blood” relatives. When you die without a will, that’s called “intestacy.” Think it’s not possible? Think again says Palm Beach probate lawyer John Pankauski. “I can’t tell you how many estates […]

Involved in a Florida Trust Lawsuit? Here are 5 basic tips to try to get on the road to victory. For information on a trust contest, click that link. (For a short legal video on a trust contest or trust challenge, click THIS LINK.) 5 Things to Read Right Now OK, before we get into the topic of a Florida trust lawsuit, let’s give you 5 things which you can read for free (almost) right now. These should help you understand this topic much better. First, consider reading the Florida Trust Code. Chapter 736 of the Florida Statutes. These laws set forth the starting point to understanding a Florida Trust Lawsuit. They tell you the rights which beneficiaries have and the duties of your trustee. (For a short video on a trustee who breaches her duty, click HERE.) In fact there is a whole section just on the Office of the Trustee. (For a short video on trust accountings, click HERE). Second, if you want to read about a trust contest, you can click on that link. Remember, a trust contest typically objects to the validity of the trust. Or part of it. Like an amendment or a specific provision. Many times, people will attempt to have a trust , or amendment, declared invalid or void. For any number of reasons like undue influence. Third, read the Florida Rules Of Civil Procedure. Why? Because a Florida trust lawsuit has rules ! You need to know what to do, how to […]

Where do you pay guardian fees from? What if there’s not enough money ?? An August 17, 2022 opinion reveals that an emergency temporary guardian may not use the Ward’s IRA to pay her fees and compensation. We have previously written about Florida Guardian Compensation before. Now, let’s consider the legal “tension” between two statutes. Guardian Compensation First of all, if you want to read about Florida guardianships, read the Florida Guardianship Code. Chapter 744 Florida Statutes. You can also read the Florida Probate Rules, which has rules for guardianships. They start at Part III, with Fla. Prob. R. 5.540. There are a number of cases about compensation and fees for THE LAWYER of a Florida Guardian. And there are different cases and opinions for Guardians (e.g. limited or plenary) vs. Emergency Temporary Guardians. For the statute of guardian fees, check out 744.108. But, what if the ward dies ? How does the guardian get paid? ETG Can’t Get to Ward’s IRAs if Family Fights The 1st District Court of Appeal issued an opinion on August 17, 2022. This opinion dealt with guardian fees. Specifically, whether the guardian could get paid from the Ward’s IRAs. No! (Absent family members permitting that. Or, I should say, absent the IRA beneficiary agreeing to that). You can read this Florida Emergency Temporary Guardian case. The name is Araguel v. Bryan. Family members wanted to get a guardianship over mom. The court did not appoint a family member. The probate court appointed a professional […]

A Florida Emergency Temporary Guardianship should only last 90 days. BUT, there are special rules. There is much written about Florida Guardianship Lawyers and what litigators refer to as CONTESTED GUARDIANSHIPS. (Click that last tab for free legal videos). To learn more about ETGs, keep reading. Florida Guardianship Law Want to learn more about Florida Guardianship Law? Start with Florida Laws Chapter 744. That’s the Florida Guardianship Code. Those are statutes which tell the judges, the court, and the litigants, and their lawyers, how things run. Do you know the difference between a “mental health” case and “guardianship” or “GA” case? Do you know why you need two cases for a guardianship? (Yes, asking the court to rule that mom or dad is not competent is different than, but related to, asking a probate judge to appoint you as guardian.) Don’t forget to read the Florida Probate Code which has special rules for all probate matters. This includes estates and probates and guardianships. Finally, where is your guardianship located? Courts in Florida are divided up into judicial circuits. Judicial circuits in Florida have divisions. Each Florida Judicial Circuit has a probate division. The probate division handles guardianships. There may be more than one judge assigned to handle guardianships. That means there can be 2 or 3 divisions that your guardianship may get assigned to. Be sure to check out the Administrative Orders & local rules for your judicial circuit as well as a judge’s set of “judicial instructions.” Most can […]

Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words. What You Need to Read How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read. The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights. Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules. I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys. Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash. Florida Guardianship Lawyer — do I really […]

Sometimes, to exercise your rights in a Florida probate, you have to file estate objections. This is particularly true with a surviving spouse . Why? Because a spouse has a lot of legal rights and options in a probate. Elections to make–or not make. What about compensation and attorneys fees? Yup, someone might object to them. A November 24, 2021 case discusses when one has standing in a Florida estate or probate to object. Estate Objections What’s to object to? Things like: compensation of the Personal Representative, fees, costs and how the estate is being administered or how property is being managed. You have to object to an estate inventory before the estate is closed. But for other matters, you may have to object much sooner. Compensation of the executor (personal representative) Attorneys fees Determination of beneficiaries Costs incurred or estate money spent Elective share elections Family allowance Estate property inventory Probate accounting Statements of claim Creditors claims and more……………….. ! How Can I Learn More (What Do I Need to Read Right Now) ? The Florida Probate Code is the set of statutes or laws which govern estates. Estates are those legal proceedings or entities which are created when a Florida resident dies. The person in charge of a Florida estate is the “Personal Representative.” What does she do? A personal representative of a Florida probate does a lot ! They: gather assets, pay creditors, pay estate administration expenses, deal with any issues like litigation or payment of final […]

Everyone has read about the Britnye Spears guardianship. In Florida, which has a healthy “golden years” population, guardianships are common. And so are the expenses. Who pays for the guardianship fees Florida. And how does a family member object? We have previously provided a number of Legal Videos on Florida Guardianship. Now let’s discuss a Florida Appeals court opinion from In Re: Guardianship of Martino. This 2nd District Court of Appeal opinion was handed down July 8, 2020. Florida Guardianship Law If you want to read about Florida guardianship law, consider reading Chapter 744, Florida Statutes. That’s the Florida Guardianship Code. It explains the intent of those laws. It also sets forth rights and obligations and procedures. A Florida guardianship starts with a court filed document. Typically, two of them. You file a Petition for Determination of Incapacity when you believe that someone is in need of assistance. When they can’t handle their own affairs. You also typically file a Petition for Appointment of Guardian. If the judge agrees with you that the “alleged incapacitated person” needs assistance, she will then turn to the issue of whether a guardian is needed. And who the guardian should be. Guardianship Fees Florida If a guardianship is created, pay attention. If you are involved in the guardianship, you will get a lot of information. The court appointed guardian is required to share information with you (if you are an “interested” person. That is, if you have “standing.” ) Read the Florida Guardianship Plan. […]