Search Results: sanctions

In Florida, once a Guardian is appointed, they have a duty to administer the guardianship. A Guardian may be appointed for a ward’s person, property, or plenary (both). The guardian is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian. While not meant to be exhaustive, below is a summary the responsibilities to the court that a guardian must undertake in that role. Once letters of guardianship are entered, an initial report of the guardian is required to be filed pursuant to F.S. 744.362. This plan shall include the following: The provision of medical, mental, or personal care services for the welfare of the ward; The provision of social and personal services for the welfare of the ward; The place and kind of residential setting best suited for the needs of the ward; The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward; and any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs. F.S. 744.363(1)(a)-(e). The guardian of a person must file an annual plan within ninety (90) days after the last day of the anniversary month the letters of guardianship were signed under F.S. § 744.367(1). The guardian of the property must include an annual accounting. F.S. § 744.367(3). Failure to timely […]

Trust Litigation: Victorious Removal of Trustee Trial — our firm successfully had a sitting trustee removed from further administration of a seven figure trust. Our probate litigation lawyers represented two trustees at trial, seeking, and obtaining, the removal of the third trustee from continuing to serve. The law firm successfully filed a trustee removal action under Florida Trust Code Section 736.0706 on behalf of two trustees whose work was frustrated by the actions of the third trustee. The Probate Court in West Palm Beach agreed, and removed the trustee who we sued. The law firm’s trustee clients also received attorneys fees and trustee compensation at and after trial. The trustee who was removed chose not to appeal. Guardianship Litigation: Successful Guardianship Appeal at 4th DCA — Florida Bar Appellate Law Specialist Robert Hauser successfully handled a guardianship appeal at the Palm Beach appeals court, Florida’s 4th District Court of Appeal, causing the probate court judge to be reversed. Legal Aid Society of Palm Beach County, Inc. v. Guardianship of Jennifer Jaffee, 178 So.3d 527 (Fla., 4th DCA, 2015). Robert Hauser is Florida Bar Board Certified in Appellate Law and handles a number of appeals in addition to business litigation, and probate & guardianship disputes. Understanding possible appellate issues, before trial, during trial, and certainly after someone files an appeal, is an important litigation strategy. Probate Litigation: Life Insurance Lawsuit Leads to Settlement for Widow — our firm was retained by the personal representative of an estate to sue over disputed […]

Estate litigation in Florida can get heated but make your moves carefully. Are you and your Florida probate lawyer considering filing a notice of appeal after a bad call from the probate judge? Make sure to think it out before you do because failure to follow through could result in sanctions for wasting the Court’s time. Don’t believe it? Just check out this recent decision released today from the Third District Court of Appeal.

Florida probate lawyers are bound by the Rules of Professional Conduct  that are set by the Florida Bar. What happens if your Florida estate attorney is not answering your phone calls or acting unethically? Check out this recent case where a lawyer took loans from a client and it resulted in estate litigation.

Clients often think that they can use estate litigation Florida to harass  family members during the probate administration process. So what happens when a Florida probate lawyer is caught using Florida probate litigation for improper motives? Believe it or not the Florida probate court will sanction Probate attorneys Florida for so called bad faith litigation. Want to learn more? Check out this recent probate appeal from Arkansas.

Failure to take estate litigation in Florida seriously could cost you big time.  If you are a trustee, beneficiary or heir, listen up. Florida probate litigation is serious and if the Court tells you to be somewhere, not showing up could cost you big time. Want to learn more about how? Check out this recent case out of the Fourth District Court of Appeal. 

Florida probate lawyers are not cheap, and neither is Florida probate  litigation. Wouldn’t it be nice to make the other side pay for the estate litigation in Florida? It may be possible, check out this recent appeal out of Florida and ask yourself, am I entitled to have my attorney fees covered?

Trial judges have many tools at their disposal to compel compliance with court orders, including court discovery orders in civil cases. On December 9, 2015, Florida’s Fourth District Court of Appeal in West Palm Beach issued its opinion in the case of Huber v. Disaster Solutions, LLC, Case Nos. 4D13-4360 / 4D14-520. http://4dca.org/opinions/Dec.%202015/12-09-15/4D13-4360.op.pdf

Some Florida probate litigation involving trust disputes will be sent to  arbitration, that is just the way it works. Florida trust lawyers know that when a case, filed in probate court is sent to arbitration the court case does not disappear. So what happens to it?

Have you received an order to show cause in your Florida probate  litigation lawsuit? Florida trust lawyers know this could be a sign that you are in hot water with the West Palm Beach probate court.  Check out this recent case out of the Fifth District where an attorney landed himself in hot water for not responding to an order to show cause.