Do you believe that your mom or dad is a victim of probate fraud in Florida? What if your evil sister unduly influenced your mom to change her Palm Beach estate plan? What if your brother forced your elderly aunt into changing her POA so that he could steal from her? Has your mentally impaired parent been wrongly influenced to make changes to his or her Florida will?
Palm Beach appeals court Justice Barbara Pariente has retired, and The Fourth DCA Historical Society is hosting a Continental Breakfast on May 10, 2019 at 8:15 a.m. in honor of her. Judge Pariente admirably served on the 4th District Court of Appeal (DCA) for Florida, which hears appeals for Palm Beach, Martin and Broward Counties. Everyone at Pankauski Hauser PLLC, in West Palm Beach, Florida, wishes Judge Pariente a fun and happy retirement. Pankauski Hauser has an active appellate practice in Palm Beach and throughout Florida, handling appeals for probate, trust, guardianship, estate, business and divorce matters. Robert Hauser, esq. of Pankauski Hauser is Board Certified by the Florida Bar in Appellate Law. For a free consultation with an experienced appellate attorney, call (561)514-0900 ext.101.
If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
Florida probate lawyers know documents get lost, that includes occasionally a Last Will and Testament. What can you do when your Florida will is lost? Can you get a lost will admitted to probate? Florida estate attorneys know how to get the will admitted with limited Florida probate litigation. Want to learn more? Check out this recent appeal from the Courts of New York that deal with a lost will being admitted to probate.
Make Sure you Have the Judgment Correct Fraud on the court, make sure you have the order or the judgment correct or it could be subject to reversal or remand. Are you involved in a probate matter such as an estate administration or a Palm Beach trust or a Florida guardianship and you’re convinced that somebody’s lying or doing something wrong. I can’t tell you how many times beneficiaries call up interviewing the lawyers and appellate attorneys at our firm talking about fraud on the court. That seems for whatever reason to be a popular phrase that people are very concerned with. Fraud on the court is a very serious allegation, you’re in essence saying that somebody is lying to the judge which is not cool. When you’re lying to a judge, you’re attacking our entire, not only our judiciary, but our entire Civil Procedure and legal process and that’s dealt with harshly. But we don’t always have fraud on the court. Lawyers after all, parties are entitled to be strong advocates and try to convey to the court the way they see the particular facts and what inferences may be drawn from those facts. Now if there really was fraud on the court, the court needs to make very specific findings in its order finding that there was fraud on the court. If you want to read more about this Florida litigation subject in a non-probate case, read the
According to Florida law, when can the right to marry be taken away. If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
Do you know what a Florida guardianship is? What is an incapacity hearing? When do I need a West Palm Beach probate litigation lawyer? If I am being taken to Florida probate court to potentially be deemed incapacitated, am I entitled to an attorney? Do I have to be represented by a court appointed guardianship lawyer at my incapacity hearing, or can I choose my own lawyer? If you or a family member is involved in West Palm Beach guardianship litigation, you should read a recent Fourth DCA opinion, Campbell v. Campbell.
Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action? Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.
The trust and estates lawyers at Pankauski Hauser frequently get calls from prospective clients who are family members of a decedent. For example, they are beneficiaries of an estate or Florida probate.These prospects are calling our probate litigation firm because they are outraged at the amount of fees that their probate lawyers are taking. Furthermore, they are usually upset with orders that have been entered regarding an attorneys fee request or motion by an attorney for the estate or the probate. Can you appeal this?
West Palm Beach probate lawyers frequently encounter guardianship cases involving financial exploitation. Family members sometimes file incapacity proceedings in an attempt to help a person who is no longer able to care for themselves. These proceedings are called guardianships. Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation? Fort Meyers probate lawyers know that guardianships can be very beneficial IF the right person, with the best interest of the incapacitated person in mind, is the guardian.