Monthly Archives: May 2020
What are the Laws Regarding Intestate Succession in Florida?
When someone fails to start on their estate plan timely, they could end up dying without a Will. When someone dies without a Will, it means that the Estate will be distributed according to the laws of intestate succession. Estates that pass through intestate succession can create more confusion and disagreements for family members…. Read More »
Reasons for Omitted Heirs in Florida Wills
Obviously, leaving someone out of the Will intentionally is certainly possible. Someone may consider leaving a child out of their Will as a way to “get back at them.” However, there are times omitted heirs are often left out unintentionally. Many people start their estate plan but either forget about it or just never… Read More »
How to Help Prevent Someone from Contesting Your Will in Florida
One of the main goals of estate planning is to keep fights from happening when you die. However, failure to have a Last Will and Testament, or other estate documents in place can open the door for numerous disputes. One of the most common conflicts involves contesting the Will. While you can’t predict every… Read More »
What are Common Causes of Probate Disputes in Florida?
Dealing with probate after losing a loved one is emotional enough. However, when family disputes arise during probate, it can make the already stressful situation much more frustrating. It’s not uncommon for multiple family members to have strong opinions and raise challenges. When a dispute arises during litigation, it’s time to contact an experienced… Read More »
Florida Estate Planning Mistakes That Can Lead to Disputes
No one wants their heirs to end up fighting amongst themselves after they pass away. However, a lot of families end up in arguments over from whether a Will is valid to who the Personal Representative should be. While you cannot anticipate every argument that will transpire due to your estate plan, there are… Read More »
What is Undue Influence and How Does it Affect a Florida Probate?
Undue influence is said to occur when a person is able to control the actions of someone else based on the nature of relationship between the two people. Undue influence cannot occur between spouses under Florida law. The pressure this person imposes on the other overrides the victim’s power and ability to act freely…. Read More »
What Liability Does a Florida Trustee Have?
When someone sets up a Trust, they name a Trustee to administer the Trust . The Trustee is the person who manages the Trust according to the official instructions. It is an extremely important fiduciary position. Trustees have a lot of responsibilities and duties. With all that comes possible liability as well. If you… Read More »
The Importance of Creating a Comprehensive Florida Estate Plan
Estate planning is often one of the most misunderstood areas of the law. People think about creating a Will or Trust, but fail to plan for possible incapacitation. The best estate plan should not only be concerned with distributing assets upon death, but it should help you prepare for your future physical and mental… Read More »
Reasons to Modify a Florida Trust
Florida law restricts your ability to modify the terms of a Trust in order to protect the Grantor’s intention. Notwithstanding, Florida law does allow for the modification of a Trust under certain circumstances. If the Grantor’s circumstances have changed and they need or want to make changes, you will need the assistance of a… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...