When will a Florida trial court grant an injunction? To be entitled to an injunction in Florida, what must be proven? When do you need to hire a Florida lawyer to assist you with an injunction? Injunctions and Florida Business or Probate Lawsuits Sometimes, West Palm Beach lawyers are asked to file an injunction. Why would a business lawyer or trust and estates lawyer be asked to file an injunction? Well, sometimes, disputes over inheritances or money can become very messy. Florida litigation lawyers know that, when it comes to money, people can go to extreme measures. Although the fight for the money is being handled in court, there have been cases where one party is so upset that they begin to “stalk” or “harass” the other party. At this point, a stalking injunction may be considered. Temporary Stalking Injunctions in Florida To be entitled to a stalking injunction in Florida under section 784.0485, “a petitioner must prove by competent, substantial evidence a single incident of stalking.” According to Florida Statute 784.048(2), stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. You may wonder what the definition of “harass” is according to the Florida Statutes. To harass means to “engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” §784.048(1)(a), Fla. Stat. Shannon v. Smith If you looking to petition for temporary stalking injunction against someone in Florida, you may […]

Does a Ward have a right to marry? If you are a Florida guardianship lawyer, or a family member involved with an aging or fragile adult who is subject to a guardianship, you will want to read the Fourth DCA’s March 2,2016 opinion in the Smith case.

Do disinherited children have standing to sue the trustee or a fiduciary who is mis-managing estate or trust assets? Typically, no. But if there is a will and/or trust contest underway to restore their inheritance rights, the answer is likely yes.  Florida’s Fifth District Court of Appeals recently addressed this issue in Cruz v. Community Bank . Attorney Alexander Briggs, Esquire, of Pankauski Lazarus, PLLC successfully briefed and argued this case before the Fifth District Court of Appeal in Daytona Beach, Florida on behalf of the appellants. In Cruz, two children were essentially disinherited by their father. The son received nothing, and the daughter received only a life estate in homestead property. Shortly before his death, the father executed a trust that purported to leave most of the trust and estate assets to charity. Then the father died. The children filed an action to invalidate the will and trust on the grounds that their father did not have capacity at that time of his signature. If they succeed, they will inherit all of the trust and estate assets. While their lawsuit was pending, the trustee sent them an accounting and monthly statements with “limitations notices” that, under Section 736.1008, Florida Statutes, invoked a six-month statute of limitations for any causes of action arising from the accounting or statements. The statements tended to show that the trust property was not invested or producing income, and that it was in fact dwindling. Faced with this short deadline, the children sued for breach of trust, even though […]

Robert J. Hauser of Pankauski Lazarus PLLC has been chosen to be featured in the 26th Edition of The Best Lawyers in America. He is recognized for his high caliber of work in Appellate Practice. Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising of more than 8.2 million confidential evaluations by top attorneys. Since June 1, 2009, Mr. Hauser has been named a Board-Certified Specialist by The Florida Bar in Appellate Practice. Mr. Hauser remains available to consult regarding litigation and pending or potential final or non-final appeals in state, federal, or bankruptcy courts. Mr. Hauser offers trial and appellate support in almost any area of law, including personal injury, products liability, securities fraud, family law, class actions, probate/trust disputes, business disputes, real estate disputes, and county-to-circuit appeals. For a free consultation with Mr. Hauser, call (561)514-0900 ext.101.

Super Lawyers’ 2019 Annual List of Top Attorneys names Pankauski Lazarus PLLC partner Robert J. Hauser as a “Super Lawyer” in appellate practice. This directory consists of the nation’s top attorneys who have attained a high-degree of peer recognition and professional achievement. Robert J. Hauser has been practicing in West Palm Beach since 1997, and has been board certified by the Florida Bar in appellate practice since 2009.  Mr. Hauser handles only litigation and appeals. He has handled a broad variety of matters, including complex business disputes, probate litigation, family law, health care litigation, attorneys’ fees disputes, and bankruptcy appeals. To set up an initial consultation with Mr. Hauser, call (561)268-0233 Ext.101.

What happens if a trust is created but it was not properly signed by two witnesses? What if a Florida trust is not properly executed? Is a trust that is not properly executed in Florida still valid? Can an amendment’s improper execution be corrected under the statute permitting reformation of mistakes? If you are involved in trust litigation where a mistake was made in the execution of a Florida trust, you may want to read Kelly v. Lindenau, a May 17, 2017 Second DCA opinion. Here, the validity of a trust amendment was in question. The trust amendment in the Florida probate case conveyed settlor’s residential property to a beneficiary. The issue was that the trust amendment was not signed by a second witness. Therefore, according to Florida trust law, it was not properly executed. The successor tustee brought action against the beneficiary in the aendment seeking declaration as to the validity of the trust amendment. The benefificary filed a counterclaim seeking reformation of the trust amendment, and the trial court ultimately granted the beneficiary’s counterclaim. However, the Second DCA disagreed with the trial courts decision. The appellate court help that “amendment’s improper execution could not be corrected under statute permitting reformation of mistakes, and constructive trust was improper remedy for error in execution.” To read the entire case, click here.

What is Florida Statute 744.3215? Did you know that if you are deemed incapacitated in Florida, certain rights may be taken away from you? Can all of my rights be taken away from me? What rights will I still have if I am a Ward? How can my guardianship lawyer help me to understand my rights? Florida Statute 744.3215 is the relevant statute. It lists the rights that a person retains when determined incapacitated and the rights that may be removed.

Are you the personal representative of an estate in Florida? Do you believe that a wrongful death action should be filed? Can you file a wrongful death action as the personal representative of an estate? How do you file a wrongful death action in Florida? When do you need a Florida estate lawyer and a Florida Personal Injury Lawyer? Carpenters Home Estates Inc. v. Sanders A July 12, 2019 Second DCA opinion, Carpenters Home Estates Inc. v. Sanders, is a great example of a case where the personal representative of a Florida estate brings a wrongful death claim. Here, the personal representative brought action against a nursing home owner and operator for both negligence and wrongful death. What does this case show us? The Personal Representative of a Florida Estate Plays Many Roles When you are appointed as the personal representative of an estate, you should be prepared to make many important decisions. In Florida, the personal representative of an estate needs to be represented by a lawyer. Hiring an experienced probate lawyer to represent you as personal representative can definitely make the process much smoother and less stressful. In addition to choosing an experienced lawyer, you want to make sure that you work compatibly with the West Palm Beach probate lawyer that you choose. You and your probate lawyer will work together to decide what makes sense for the beneficiaries of the Florida estate. In some cases, your probate lawyer may suggest that you also hire a personal injury […]

In Florida, who can write a will? Who can have a trust drafted? Do you have to be over a certain age to create an estate plan? What is being of a “sound mind”? What is Florida Statute 732.501? How can you contest a will in Florida? How can a West Palm Beach probate lawyer help you to prove that a will is invalid? Who Can Write a Valid Will in Florida? Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida estate lawyers and West Palm Beach trust attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries. What is being of a “sound mind”? What is testamentary capacity?  There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida: understanding that he or she is creating a distribution of his or her property after death, knowing the nature and extent of his or her property, knowing the named heirs and members of his or her family understanding in a reasonable manner the general nature and effect of the act of signing the will. What are the Formalities Required for a Valid Will in Florida? Florida Statute 732.502 describes what formalities must be met for a will to be valid in Florida. A valid Florida will must 1) be in writing 2) be signed by the testator or another […]

What is venue? What does venue have to do with a Florida trust lawsuit or Palm Beach will contest? If you are involved in a probate lawsuit, where do you sue the personal representative or trustee? How do you know if you sued the trustee in a proper venue? Can you transfer a trust dispute from one Florida county to another? What should your probate lawyer know about venue and trust litigation? What is Venue? Venue is a legal term for where you can file a lawsuit. In other words, a venue is where actions or a lawsuit can be brought. Florida is the jurisdiction or “forum”, but venue refers to the particular county. For example, some cases can be brought in Palm Beach County, while others can be brought in Broward County. Where Can a Florida Action Be Brought? Florida Statute 47.011 provides that “ actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” Therefore, in a trust lawsuit, multiple factors will be considered to determine proper venue. Courts may consider where the trustee resides, where the trustee’s principal place of business is, where the Florida trust is being administered, etc. You should not assume that where the estate money is located is automatically a proper venue. For example, the estate money being located at a bank in Miami-Dade County, doesn’t guarantee that Miami-Dade County is a proper venue in which to […]