Search Results: guardianship

Many times there will be an allegation of undue influence like a will contest for regarding a trust or a bank account. If there is a motion for summary judgment that says we don’t need a trial you lose. Do you know how to defend that? Florida Estate lawsuits. Trying to get somebody to run the estate or handle certain things of the Probate while this Florida lawsuit and litigation in the Probate world goes on. What can you do? Hello my name is John Pankauski, I’m a probate litigation attorney at Pankauski Hauser in West Palm Beach, Florida. The attorneys and appellate lawyers at our firm handle matters involving probates, trusts & guardianship and business litigation throughout the state of Florida. If you are in a will contest or probate lawsuit that is going on right now, do you need a curator or an administrator adlitum to run things until you resolve the litigation or the conflict of interest or the will contest? You might need one and you probably want to ask your Florida lawyer about whether a curator should be appointed. A Curator can be limited as to fees, as to time, and to the scope of their work. To read more about that you can read the Florida Probate Code free online. Section 733.301 that deals with Florida curators and you want to ask your Florida Probate lawyer about what why a Florida curator may be appropriate for your probate or inheritance litigation.

Many times there will be an allegation of undue influence like a will contest for regarding a trust or a bank account. If there is a motion for summary judgment that says we don’t need a trial you lose. Do you know how to defend that? Summary judgement and undue influence cases, is there a secret to defending those motions?. Hello my name is John Pankauski, I’m a probate litigation attorney at Pankauski Hauser in West Palm Beach. The Appellate lawyers and trial litigation attorneys here handle matters throughout the State of Florida limited to trials, litigation’s, & disputes for Probate & Estates, trust, guardianship and business transactions. Many times there will be an allegation of undue influence like a will contest for regarding a trust or a bank account. If there is a motion for summary judgment that says we don’t need a trial, you lose. Do you know how to defend that? One of the secrets to defending that is knowing that undue influence is a species of fraud. It’s a type of Fraud and in Florida, the law in Florida for probate lawsuit and undue influence cases is that needs to be plead with specificity, with particularity The second thing that you want to know that’s almost a secret is that these matters, fraud matters, which undue influence is a species of should not be granted on summary judgement. The courts have consistently said that should be tried to a judge or a jury can hear all […]

If you’re involved in a Florida probate have you considered whether the personal representative or the executor of the estate is fairly compensated or if they are seeking too much in fees or compensation. Is the executor of the estate getting paid too much? Hello my name is John Pankauski. I’m a probate litigation attorney at Pankauski Hauser in West Palm Beach. The lawyers and appellate attorneys at our firm handle matters throughout the State of Florida and we limit our practice to probate, guardianship, trust and business litigation. If you’re involved in a Florida probate have you considered whether the personal representative or the executor of the estate is fairly compensated or if they are seeking too much in fees or compensation. What do you do if a personal representative or the executor of the estate is seeking too much in fees? There are two statutes that you want to read or have your Florida probate lawyer read. One is section 733.617. That deals with the compensation of a Florida executor or personal representative, but be careful. If the person who passed away, the decedent also has a revocable trust sometimes called a living trust. Be careful. Because of that personal representative is also trustee of that trust they may be seeking additional compensation. Read section 736.0708. That’s the Florida trust code and ask your Florida probate lawyer what is reasonable compensation for the personal representative of an estate and also the trustee of a trust. You may have […]

On September 17, 2018 , the SunSentinel reported about an elderly man who was taken advantage of by a financial adviser at a local bank.  Unfortunately, financial exploitation of the elderly has become a big issue throughout Florida. West Palm Beach guardianship lawyers frequently receive calls from concerned family members regarding their elderly relative being financially abused. Do you know what financial exploitation is? How can you protect your beloved mom or dad from being financially exploited? What should you do if you believe your elderly relative is being financially exploited? How can an experienced Florida guardianship lawyer assist you? 

I can’t tell you how many times we get calls from prospective clients who are outraged at the fees that these probate lawyers are charging in Florida estates and Florida probates. Hello, my name is John Pankauski, I’m a probate litigation attorney at Pankauski Hauser. Our lawyers handle matters throughout the state of Florida regarding estates and trusts, probates, guardianship as well as business litigation. Can you get a lawyer thrown off a probate case in Florida. I can’t tell you how many times we get calls from prospective clients who are outraged at the fees that these probate lawyers are charging in Florida estates and Florida probates. You may or may not be able to get a lawyer kicked out of a case but that is kind of a separate issue from how much they are getting paid or how much they are taking from the estate. Remember, before you get a dime in inheritance, all the expenses need to be paid and that includes the lawyers. So if you are sick of legal fees, or if you are upset or outraged at how much these estate lawyers are taking to administrator the estate, talk to a serious probate litigation firm that has forceful advocacy and is unapologetic at the stances that they take. Fighting someone’s fees or attorney fees in a Florida Probate or a trust is a very narrow area of the law. You may want to get somebody who has actually tried those cases, had those […]

Will electronic wills replace traditional wills in Florida? What is different about an electronic will from a written one? Governor Rick Scott, our Florida Governor, has just vetoed the Florida Electronic Wills Act.

Florida trust and estates lawyers know that, in order to bring something to a court’s attention, you must have standing. In probate or guardianship court, this usually means that you have to be an “interested person” to the Florida estate or guardianship. According to the Florida Probate Code, who is considered to be an “interested person”?If you are related to the decedent, are you automatically deemed an interested person in regards to the decedent’s probate proceedings?

What happens when a person murders another person, does the murderer still get an inheritance? Do the murderer’s children still get an inheritance?If I murder my husband, can my children from another marriage still inherit under his will? A July 29,2015 opinion from the Fourth DCA discusses this issue.

What do you do if you’re involved in a Florida probate and estate and is a conflict of interest by the person that’s running the estate . Conflicts of Interests with Florida executors and personal representative, what do you do? My name is John Pankauski I’m an estate litigation attorney at Pankauski Hauser. The lawyers and appellate attorneys here.at out firm only handle trials litigation and appeals involving estates, probates, trusts, guardianships and business matters. We handle these matters throughout the State of Florida. What do you do if you’re involved in a Florida probate, an estate and there is a conflict of interest by the person that’s running the estate but some states call a executor, in Florida we call that person a personal representative. That person is running the Florida probate or the Florida estate. What do you do if there is a conflict of interest? Well the first thing you need to do is hire yourself a decent Florida estate litigation attorney. And I don’t just mean somebody who handles estates or probate but who actually tries cases and handles appeals. The next thing you want to do is think about filing a proper petition. Why? Because the law doesn’t help those who remain silent. The law helps those who speak up and exercise their rights. Third, you need to read about section 733.610 that’s the part of the Florida probate code that specifically speaks about conflicts of interest by someone who’s running an estate. There’s two […]

How long you were married doesn’t matter. Love for good or bad does not matter, you will still inherit after your spouses passing unless you have waived your spousal rights. Inheritance rights of spouses. How long you were married doesn’t matter. Love for good or bad does not matter. Hello my name is John Pankauski. I’m a trial attorney who handles probate and estate disputes in West Palm Beach Florida. All the lawyers at my law firm handle trials disputes and appeals only in four areas. Estates and probate, trusts guardianships and business disputes and we handle them throughout the state of Florida. We often get calls from prospective clients who say hey, my wife or husband just died we were married but we weren’t living together for years haven’t talked to that person and the will leave something or leaves everything to someone else. Do I inherit the short answer is yes as long as it didn’t waive your spousal rights. Why? Because if you were a spouse, if you’re a husband or a wife and your spouse dies, the law doesn’t care if you were living apart. How long you were married. Whether it was a week or a hundred years. Whether the marriage was happy or not or whether you have even seen that person anytime recently. All that matters is where you validly married, was there a divorce If that’s a yes no set of answers, you inherit unless you waive those rights. In certain instances […]