Why would anyone “file for guardianship” in Florida? Here are the 5 reasons which you need to consider on why start a guardianship. Why start a guardianship? Let’s first assume that you understand the procedure for how to start a guardianship. If you are not sure, consider three options, first. One, read the “how’s” by clicking THIS LINK. That link provides free Florida guardianship legal commentary. No charge. No signups. No emails. 2nd, consider reading the Florida Guardianship Code found online for free at Chapter 744 of the Florida Statutes. Or, click this free link that will take you online directly to those laws. 3rd — to see some free Florida guardianship videos, simply click this link. Again: no emails, no signup, no one will ask you for an email or to join anything. You will obtain perspective very quickly and the legal videos on Florida guardianship are separated by topic. So you can scroll through them and watch what you want — and not see what you don’t want. With that said, now, let’s discuss WHY start a guardianship. With that brief introduction to Florida guardianship, let’s get to the meat of the coconut. The Golden Rules and Platinum Results Everyone who hires a guardianship litigator wants a “lion”, not a “cub.” Alpha Dog or pussy cat? Right? May sound “un-professional” or overly simplistic. But that’s reality. …hope you are getting the platinum results which you want and may deserve. To try to understand that…………… start below….. If you […]

Here are the 4 things which you need to know on how to start a guardianship in Florida. All you need to know about how to start a guardianship in Florida First, most (…………………..OK… a lot of……………….) guardianship law in Florida is in the code. A set of laws or statutes. See Chapter 744 and read to your heart’s content. You will candidly be surprised how much you can learn in one hour about how to start a guardianship. What’s good about this chapter is that it also explains the procedure. Two, you have to file two petitions. One petition says “hey… I think someone can’t make their own decisions. They need assistance.” This is often referred to as a petition for incapacity. It’s serious stuff. The Petitioner is notifying the Court that someone needs assistance and protection. That they may be vulnerable. And… that they cannot, or should not, exercise certain rights. The second petition is a petition for appointment of guardian. A guardian may make ALL the decisions for the person. Or only some. Who decides what rights get taken away? The probate judge handling your guardianship trial. Power of attorney, health care proxies and trusts And the guardian may make decisions for the “person”….like personal decisions. Your social environment, where you live, who you see or don’t see, your health care decisions. Or, the guardian may be for one’s property. Who pays the bills, invests the money, spends or (not spending) the person’s money. What do to […]

Only an interested person may get involved in a Florida guardianship or estate. Are you in or out? Can you get the “keys” to the “courthouse door?” Or is someone preventing you from speaking out? Here is your “last and final“, “all-you-need-to-know” comprehensive commentary about what is an interested person. What are you doing here? Not everyone can participate in a Florida guardianship or probate. You need some connection. Some interest at stake: inheritance, rights, money, property ? After all, let’s say that you and your spouse are going through a divorce. Can I come in to your lawsuit or proceeding and start filing motions ? How about a stranger’s breach of contract case? Of course not. I have no “standing“. I have no right to participate in a legal proceeding that has nothing to do with me. Now, “standing” is different than an “indispensable party“. If someone files a lawsuit and does not join all indispensable parties, the suit could be dismissed. When we talk about Florida probate and guardianships, what is an interested person? ” I want a say in this estate ! …. “ Well, whether one can participate in a guardianship or estate proceeding ( a Florida probate) turns on whether you are an interested person. Whether you have a sufficient legal or financial interest in the proceeding to be allowed to be heard, to participate and to ask a probate judge for relief or assistance. This legal commentary will tell you what you need to […]

Many lawyers incorrectly assume they automatically have a Florida charging lien. Here’s what you need to know about this weird legal concept. To read more about this topic for free, you can CLICK HERE. Florida Charging Lien Some lawyers in Florida let a client “float” and not pay their bills for a while. Others are more “business-focused” and want invoices paid monthly. Many lawyers will file a motion to withdraw when they don’t get paid, or are fired by the client. Regardless. When a lawyer ceases work, and she is owed money, what can she do? Most lawyers file a charging lien. (For a short free video: click here). Some have said that there are 4 elements to a charging lien. Often, those elements can be demonstrated, or proven, by a legal services contract and simple emails (notices and communication). Attorney John Pankauski, managing partner of Pankauski Lazarus, gave a Florida Bar-approved continuing legal education course webinar on this subject. Understanding Florida Law A recent 4th District Court of Appeal opinion dealt with this issue. (scroll to Case 22-1827 to read it for free). This recent Florida charging lien cases involved a contingency fee. There are distinct differences for charging liens for CONTINGENCY cases vs. so-called “hourly” cases. And if a client fires the lawyer, was it “for cause” or not? A fired attorney, and the successor counsel, may need to resolve “who gets what”. Often times, the discharged, fired or withdrawn attorney will file a notice of charging lien […]

When do you know if you need a Palm Beach Trust Attorney? And when should you have one who handles trust litigation? If you need someone who does more than “writes trusts“, read on. The key to your trust matter may just be selecting the “right” “firepower.” (If you believe that you need a trust litigator, you can read (FREE) more about what you may be looking for by CLICKING HERE.) Trust Lawyering So, to be clear, there are some really, really good Florida trust lawyers who write trusts. They do estate planning. They draft wills, powers of attorney, health care documents like health care proxies, and surrogates. And Living Wills. That’s NOT what we are talking about here. If you need a revocable trust, or a living trust, you need an estate planning lawyer. You don’t need a litigator who is in the “trenches” of lawsuits and litigation. If you have a trust issue, dispute, lawsuit or challenge, read on. Palm Beach Trust Attorney — understanding the trust” holy trinity” The type of Palm Beach Trust Attorney that you may need should be one who has the “firepower“. The experience in courts, trying cases. Handling Trust Appeals. SERIOUS trial experience. You need someone who not only understands the Florida Trust Code, Chapter 736. But also the Evidence Code, Chapter 90. And the Florida Rules of Civil Procedure. Why? Because if you are involved in a trust dispute over an accounting, an inheritance or a revocable trust, you may need […]

How do you find a good Palm Beach Guardianship lawyer, and, what, EXACTLY, is one? (For free, helpful videos on Florida Guardianships, click HERE.) Palm Beach Guardianship Lawyer For good or for ill, guardianship cases have exploded. If you asked me 20 years ago if I would be handling contested guardianships, I would have guessed “no.” But, now, contested guardianships are a vital and important part of the probate litigation practice at Pankauski Lazarus. And, I’m proud to say, we have built up a stellar reputation, Florida-wide. To read more about our guardianship practice, click HERE. It may assist you in determining whether you need to file for a Florida guardianship or not. Let’s discuss the “two” “main” types of Palm Beach Guardianship lawyers. Contested vs. Un-Contested Guardianships in Florida There are two types of guardianships: contested and un-contested. You don’t need me for an uncontested guardianship. That’s where everyone gets along and there are no disagreements. The truth is that there are many fine guardianship lawyers out there who do a good job. At much lower rates that a guardianship trial lawyer like me. They know Florida Guardianship Law and are effective at assisting families. But, what if you don’t agree? What if you disagree?……………………….a LOT!? Disputed Matters When parties to a Palm Beach Guardianship do not agree, we call it a “contested” guardianship. There are two things which may be contested. First, whether or not someone, the alleged incapacitated person (AIP), is competent or not competent. Do you […]

A lot of real estate changes hands in Florida. A recent case deals with a right of first refusal Florida. If you are a tenant, or have a ROFR via a contract, you need to read that case. Florida Real Estate So, there is a LOT of interest in Florida real estate. Vacant land, office towers, apartment complexes and plain old homesteads and residences can change hands multiple times over the years. (But….remember…. ROFRs are NOT for just real estate.) Many times, a tenant may have a right of first refusal Florida. This gives the tenant a right to purchase a particular property upon certain terms when the seller intends to accept an offer from another. Many times, though, a right of first refusal Florida is not found in a lease. But in a private contract. A deal. Because a potential buyer wants to know if the seller is going to sell. But this property right places obligations on the seller or owner of the real estate. She needs to give notice, and proper notice, to the person who has, or holds, the ROFR. Failure to follow the ROFR can get the owner/seller into legal trouble. A recent case from Florida’s 4th District Court of Appeal discusses this very issue. But, first, let’s get some bullet-point-advice from a Florida trial attorney who handles lots of clients, litigation and appeals over homestead, real estate and plain old Florida real estate. Florida Right of First Refusal

What’s the importance of trust protectors in Florida when many Floridians already have an estate plan? They have a POA, a living will, a will and a revocable trust. Where does a Trust Protector fit in? Understanding Basic Florida Estate Planning Documents Let’s start with a basic Florida estate plan: Trust Protectors Florida A trust protector is the creature of “hard thinking” trust lawyers. There’s no one definition for a trust protector. In the Florida Trust Code, the word “trust protector” is only used once. And not even defined. And, candidly, lawyers who “write” trusts have different takes on trust protectors and what they do or should do. Here’s a broad overview:

Heirs can inherit an entire Florida probate. Like….. all the property of the dead Florida resident. BUT, there are rules. To learn more about whether you are an heir or not, keep reading, or click here. Florida Probates + Family Who are heirs in Florida? That class of “legal actors” are those who inherit under the laws of intestacy. There is a Florida statute right on point in the Florida Probate Code. Check out Florida Statute 731.201(20). These can include the surviving spouse (if any), adult or minor children, and, maybe, grandchildren (children of deceased children). To read more about intestacy, click here. Quick note: an heir may be different than an “interested person.” Remember, not everyone can participate in a Florida probate. You need some connection. That’s an interested person. And remember: often, one’s house or homestead is very, very valuable. So, find out how the house “goes” and see if you get a share. Who Are Heirs and What Do They Inherit? In Florida, a person has the right to dispose of her wealth as she sees fit. That means that she can leave it all to whomever she wants. You just can’t dis-inherit your spouse completely. A surviving spouse has a LOT of inheritance rights. Unless they signed a prenup. Children…………..that’s a different story. But, if there is no will, that’s called intestacy. Heirs inherit the entire estate in an intestacy. What some call an “intestate estate.” But remember, heirs only get paid after all the creditors, […]

A homestead appeal often means that there are millions of dollars on the line. So, you need a probate lawyer who understands both the intricacies of Florida homestead and also appeals. (To read about getting attorneys fees for your appeal, consider reading this). Experience Counts Let’s face it. Experience Counts. Homestead law is confusing. So are appeals. And sometimes there is “tension” between a 2nd, 3rd or 4th spouse and the deceased Florida resident’s adult children. But, in Florida, a surviving spouse or widow has VERY VALUABLE PROPERTY RIGHTS. Unless you signed a prenup. But even then, folks “fight” over what the prenup says. What its terms are. Who gets what? That’s why it makes sense to find a law firm that has handled appeals for years. And specifically homestead litigation and appeals. Here is a recent homestead appeal that got the client millions of dollars. The adult children of the deceased Florida resident “fought” the surviving spouse, who signed a prenup. The 4th District Court of Appeal reversed the Palm Beach County probate judge (who gave the spouse nothing). The DCA agreed with the lawyers for the spouse –she should get half of the homestead. When the appeal finished, the real estate market was on fire. The residence was worth millions. And the spouse got millions. Homestead Rights So, the surviving spouse has very valuable homestead rights. This includes a right to live in the deceased Florida resident (spouse’s) home. See Florida Probate Law 732.401. Or, under limited 6 […]