Do you have a West Palm Beach estate plan? Are you sure that upon reading of the will there is not going to be afamily feud? Experienced Palm Beach probate litigators know that an estate plan is not just about your peace of mind it is about setting up your loved ones for a successful transition not just emotionally but financially. Do you know how to avoid family infighting after the will is read? Check out these four simple tips.
The Pankauski Law Firm PLLC announces that it expects to move its West Palm Beachprobate litigation law firm sometime after August 1, 2016 to larger space.
Are you concerned about a disabled relative who has a guardian in West Palm Beach? Do you want to know if the guardian is getting excessive fees for their services? This is a fair question as often it is the guardian him or herself that can set fee schedules and ask the courts for remuneration. Do you think this is fair? Can you seek review of these fees? One thing that can be done is the appointment of a successor trustee. Check out this case out of the Third District Court of Appeals which was filed today July 8, 2015.
A July 1, 2015 ruling from Palm Beach’s appeals court, Florida’s 4th District Court of Appeal, highlights a legal “fight” for attorneys fees and the use of a Florida charging lien: a lien or legal device which provides some safety or security for Palm Beach attorneys to get paid from their clients. If you are a Palm Beach estate lawyer or are involved in a Florida charging lien case or anattorneys fees case West Palm Beach, you should read this July 1, 2015 opinion which is an appeal from the Palm Beach Circuit Court in West Palm Beach.
Are you preparing a testamentary trust in West Palm Beach? Are you creating an inter-vivos trust for your enjoyment? Did you know that certain trusts are allowed to be oral and without formal writing? You may want to make sure your trust falls within these lines – do you know how? Here is a quick guide to trust formalities but for more in depth analysis it’s always best to contact an experienced Palm Beach probate litigator.
What do you know about marital assets in West Palm Beach? Did you know that by co-mingling funds in a joint account you can turn property that was once yours into marital property? Do you know why that matters? In divorce non-marital assets are not subject to equitable distribution. So what happens when an elderly man accidentally deposits three million dollars into his joint account when he meant to put it in a separate account? That is just what the court had to decide in this landmark case out of the Fourth District Court of Appeals.
Did you know that even if you are deemed incompetent and subject to a Florida guardianship you may be entitled to execute a will? The question is one of testamentary capacity and not competence. Do you know the difference? The question of testamentary capacity relates to the time the will was executed, so maybe you had a lucid moment. Do you know how to challenge testamentary capacity in West Palm Beach trial court? Check out this case out of the Texas Court of Appeals to see the importance of jury instructions.
In a momentous decision yesterday The Supreme Court of the United States rules that bans on same sex marriage are unconstitutional. What does this mean for Florida probate and family law?Do you and your partner have an estate plan in place under the relatively new laws on same sex unions in Florida? Are you prepared to limit estate taxes? What about issues of guardianship and trusts? Experienced Palm Beach probate litigators know that with the right to marry comes the responsibility to plan it properly and ensure a wealthy, healthy future. Check out these four aspects that you may want to incorporate into your West Palm Beach estate plan.
Are you involved in suing a Palm Beach probate attorney for what is called legal negligence in Florida? This is really suing a Florida lawyer for malpractice or legal malpractice. Maybe you are a Palm Beach probate lawyer concerned you may be sued by a client’s heirs or estate beneficiaries. Who does a Florida probate lawyer owe a duty to, anyway? You should read the June 24, 2015 Florida 4th District Court of Appeal case from the Palm Beach appeals court which deals with Florida malpractice and when a Florida probate or guardianship lawyer may owe a duty to someone who is NOT their client.
Are you concerned about certain financial activity that may be done to take advantage of an elderly relative? Do you not think guardianship is appropriate? You may still have a remedy from the State Attorney’s office. Have you read Florida’s Statute on elderly abuse and exploitation? Experienced Palm Beach probate litigators know that liability for taking advantage of the elderly could extend into the criminal sector. That’s exactly what happened to a Defendant in a criminal case out of the Fourth District Court of Appeals.