Search Results: guardianship

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 […]

There are a number of ways to handle a will challenge Florida. These depend on the facts of your particular case. However, how you approach your probate lawsuit depends upon your STRATEGY. Whether you are claiming a will is invalid based upon an insane delusion, dementia or undue influence, read on. What is a Will Challenge Florida? A will challenge Florida is an attempt to have a will declared void. Or invalid. In some instances, you are challenging only a part of the will. Such as a provision that leaves a specific asset to a particular beneficiary. Or, the “residue”, or “residuary” clause that changes who gets everything else in the end. A challenge may also be thought of, or described as, a Will Contest. A will may be valid if it was not executed OR signed properly. If you don’t have two witnesses who sign in the presence of the person– and each other, who also sign in everyone’s presence– the will is not valid. Sometimes you simply start with the basics of a will challenge. Was the will signed correctly? To read a Florida appellate court opinion about will signings, click HERE. If the person who “signed” the will did not know what was going on, the will is not valid. Probate litigators call this lacking the requisite testamentary capacity. It does not mean that a guardianship was created. A Florida resident who signs a will must know, in general terms, what she is doing. Does she know […]

A January 2021 Florida appeals court opinion deals with breach of fiduciary duty Florida. If you are a beneficiary of an estate or trust, listen up. If your fiduciary is not behaving properly, you may be able to sue for breach of fiduciary duty. Against an estate executor or trustee. A January, 2021 case deals with breach in an important trust context. If a trustee’s bad acts are serious enough, they can be REMOVED as trustee. Knowing all your remedies as a beneficiary is key to your case. This can include getting your attorneys fees paid, SURCHARGING your trustee, making her account, getting her to return compensation and fees. But, beneficiaries be aware of very short STATUTES OF LIMITATIONS which may be only months-long. Breach of Duty by Trustees in Florida A trustee’s breach of their duties is serious business. First, trustees in Florida owe a lot of duties to their beneficiaries. Heck, read the Florida Trust Code to learn more about trustees and Florida trusts. A breach is like a broken promise. If damages are caused, the trustee can be liable for those damages, SURCHARGE and even your attorneys fees and costs. But you have to have STANDING to sue the trustee. You have to have some legal connection to the trust or the trust property. And before you run off and sue your trustee, consider this. If you lose, your trust share, or you, may have to pay the trustee’s attorneys fees. There are fee shifting laws in […]

POA theft in Florida is serious business. A Power of Attorney is a fiduciary. She is supposed to use the money for the principal’s care. The money does not belong to the POA. In most cases, a POA also cannot change the beneficiary of a bank account. Here’s what you need to know about Florida law if you have discovered POA theft. We have previously provided information about powers of attorney in Florida, financial exploitation, and even a FREE VIDEO. What you need to know about POA law.. In Florida, a power of attorney is a fiduciary. The person who is the power of attorney is often called the “attorney in fact.” She is supposed to act on behalf of her “principal.” The “principal” is the person who created the power of attorney. Or, think of it this way. The principal is the one who the POA works for. One easy example is the following. A wealthy woman named Nana has her probate lawyer draft a power of attorney. Nana’s power of attorney names Tommy as Nana’s “attorney in fact” or power of attorney. In this example, Nana is the principal. Tommy is the POA, or attorney in fact or “agent.” But even though the word “agent” is used to describe a POA, Tommy is a fiduciary. Here is a list of Tommy’s duties that he owes Nana: CLICK HERE FOR LIST OF DUTIES. That means that Tommy may use Nana’s money and property for Nana’s care, and Nana’s use. […]

The Florida Trust Code is a set of statutes. It sets the groundwork for all Florida trust matters. Everything from the trustee-beneficiary relationship. Creating and ending trusts. And, of course, judicial proceedings like lawsuits and removal actions. To get a plain-English background of this body of Florida law, keep reading. We will point you to the most important parts of the trust code. Whether you are a beneficiary, trustee, or adult child of a beneficiary or trust creator. And, yes, if you got cut out of a trust, there’s information for you, as well. If you would like to see a number of focused, informative Florida Trust & Probate Videos for free. Click HERE for an outstanding video library on important Florida estate and trust legal topics. Now, let’s show you what to read in the trust code, and we’ll name specific statutes for your to read. This is “user-friendly”. There is a link to more information on the part we are writing about, so you can read or learn more on a particular topic if you want. The Background First, you should know the background. The Florida Trust Code is a set of statutes. These statutes are found at Florida Statutes Chapter 736. The trust code is similar to the Florida Probate Code and the Florida Guardianship Code. How? They set forth what our legislature wants you to know about those particular topics. Why mention them? Because they can all interconnect. If you have a guardianship of a wealth […]

There are two things you need to read to grasp Florida Estate Laws. There are also some other rules and authority which you may want to read. But let’s focus on these two important bodies of law for now. Would you like to read more about Florida Probate, Pour Over Wills, or Guardianship? Then you can click those words. If really want to read more, here is a link for FREE FLORIDA LEGAL COMMENTARY. If you still want to read more about probate law in Florida, watch a host of excellent FREE FLORIDA ESTATE VIDEOS. Florida Probate Code To understand Florida Estate Laws, begin with the Florida Probate Code. The Florida Probate Code is contained in Florida Statutes. Chapters 731-735. Those laws will tell you who may participate in a probate, how to open a probate and what must be done. There are laws in there about inventories, and rights and duties. There is also a definition section that helps explain important terms. Like what an “interested person” is. And how a Personal Representative should be acting. Most family members, beneficiaries and heirs like this because their rights are explained. But what if you are trying to exercise your rights in a Florida Probate. Don’t you need to know the procedures? Florida Probate Rules While the probate code is important, don’t forget about the Florida Probate Rules. Those rules set forth procedures and guidelines for getting stuff done in a Florida estate proceeding. The rules talk about petitions and hearings […]

Learn if a Florida estate contingency lawyer can assist you with an inheritance, will contest or probate. Lots of family members want help with Florida probates. Maybe they want to file a will contest or object to the will. Maybe there is already pending an INHERITANCE LAWSUIT. Perhaps it’s more simple. They want an inventory, accounting and someone to explain their Probate Rights to them in plain English. Regardless. But good & experienced probate litigators are hard to come by. And when you do find one that you click with, she or he can be expensive. Is there some way for a client to hire good legal counsel without shelling out thousands in billable hours? Some refer to a Florida Estate Contingency Fee as the keys to the courthouse door. Let’s examine what that is and its pro’s and con’s for probate matters. We have previously written about Probate Contingency Fees. 5 Tips to Finding an Estate Contingency Lawyer Here are 5 tips on trying to find a great Florida Probate Litigator on an Estate Contingency Fee. First, find someone with 20 years+ experience. Like doctors, good lawyers develop over time. The more years you practice, the more cases you try. Hopefully, they are getting a lot better along the way. And, after 20 years of an active probate litigation practice, hopefully they “have seen it all.” Or close to it. Second, find a litigator, not just some probate lawyer. Litigators are more apt to take your case on an […]

Wondering how Miami probate lawyers are helping clients in 2021 during the pandemic? Not to worry. While in-person appearances are rare in the Miami Dade probate court today, Miami probate lawyers may attend court hearings from their office. All they need to do is Zoom ! Florida Probate Courts Adjust to Law In a Pandemic Probate courts in Florida are probably some of the busiest in the nation ! After all, Florida is a large state, filled with wealthy residents. People continue to retire and move to the Sunshine State. Not only do Florida probate courts handle estates of deceased residents, but they also handle trust lawsuits and guardianships. Lots of work. So, you may be wondering how work can get done on a Florida estate or trust during the Covid-19 pandemic. Well, Florida courts, including the Miami probate court, have adjusted very well, and very quickly. One way that Miami probate lawyers have continued to help their clients with estates, probates and trusts is by attending hearings by Zoom. Yes, even though most probate courts have limited in-person appearances, many probate court judges in Miami Dade County permit hearings via Zoom— a videoconference, online platform that permits hearings, testimony, witnesses and the presentation of documents and other evidence. For free Miami Dade probate forms, click here: Zoom Video Conferences in Miami Probates And while Miami probate lawyers are content to attend court hearings via their computer, probate litigators are still going to court for in-person trials. “I had two, […]

We provided other FREE LEGAL COMMENTARY on TEMPORARY INJUNCTIONS. Now consider: What if a Miami court tells me one thing but the official order says another? You should consider reading a recent opinion, Soldatich v. Jones to learn more. Miami appeals and injunctions is a topic that seems to be coming up more and more recently. Do you need a Florida appeals lawyer to help you? Or an injunction attorney? (Yes !!) Miami Injunctions + Adult Guardianships Miami guardianship attorneys are sometimes hired to file a petition for injunction against exploitation of a vulnerable adult per section 825.1035 of the Florida Statutes. In addition, a Miami lawyer may be needed file other petitions for injunction if the situation deems necessary. Guardianship litigation or Miami injunction lawsuits can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. It’s also important to note that, if you win your case, the other side may appeal. Therefore, it’s smart to anticipate the possibility of having to hire an experienced Miami appellate attorney. Hiring a Miami Injunction Attorney If you are in the process of hiring a Miami law firm to file a petition for injunction on your behalf, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, as any litigator can tell you, appeals do […]

There are Billions of dollars in Florida trusts. Defending the Florida Trustee is serious business. Almost monthly, Pankauski Lazarus offers Continuing Legal Education (CLE) webinars, which are approved by the Florida Bar. All CLE webinars are sponsored by Pankauski Lazarus and FREE to Florida Bar members. All Florida lawyers are welcome to attend. Pankauski Lazarus exclusively represents clients in matters involving disputes, trials and appeals surrounding Florida estates, business, wills and probate litigation. Therefore, if you are a Florida probate, guardianship or estate planning lawyer, many of the webinar topics may relate to your Florida practice. SAVE THE DATE: Friday, November 13, 2020, 1:00 p.m.-1:50 p.m. Pankauski Lazarus PLLC will be offering a FREE, 1 credit hour CLE on Defending the Florida Trustee- how to properly plead affirmative defenses, led by managing partner John Pankauski.  Mr. Pankauski literally wrote the book on trusts. You can purchase his Pankauski’s Trustees’ Guide on Amazon. WHERE: Online via Zoom. REGISTRATION REQUIRED: To register for this CLE webinar, click here. Once registered, you will receive an email with the link to join the webinar.  If you have any questions, or need more information, please email Amanda@phflorida.com.