Monthly Archives: March 2021
When Can You Remove the Personal Representative of a Florida Probate Estate?
The Personal Representative is the person responsible for administering a Florida probate estate. Also known as an executor, the Personal Representative has a fiduciary duty to all of the beneficiaries of the Estate. Unless the Personal Representative is also the sole beneficiary, they must not put their interests above those of the other beneficiaries…. Read More »
What Do the Words “Per Stirpes” Mean in a Florida Will or Trust?
If you read through a Will or Trust, you may see the Latin term “per stirpes” used when describing a beneficiary’s share. So what does this mean? Is it just an antiquated phrase used by probate lawyers? And is it something you need to think about as a potential beneficiary? By the Branch The… Read More »
Is “Eccentric” Behavior Proof of Undue Influence?
It is not uncommon for family members to be shocked upon learning a loved one has left a significant part of their Estate to a non-family member. Such situations often give rise to complaints of “undue influence.” But suspecting undue influence is not the same thing as proving it. And even if the suspicions… Read More »
Understanding Florida’s Presumption of Undue Influence
In Florida, a Will is invalid if it is procured through “undue influence.” If a person objects to the probate of a Will on undue influence grounds, they bear the burden of proof. However, if a person (beneficiary) was both active in procuring the Will and is a substantial beneficiary of said Will, then… Read More »
How Choice of Law Can Affect Trust Litigation
A Trust is a legal document that gives certain property a trustee, which must then be administered on behalf of certain beneficiaries. But if a legal dispute arises over the administration–or even the validity–of the Trust, what state’s laws actually apply to the interpretation and enforcement of the trust documents? Put another way, where… Read More »
How Does a Florida Estate Deal with Creditor Claims?
Estate litigation does not always involve heirs of the deceased. Oftentimes there are disputes involving the creditors of the deceased as well. The Personal Representative is responsible for paying any valid creditor claims from the assets of the Estate. But what makes a claim valid? And what happens when there is not enough money… Read More »
Holographic Wills
Another situation you sometimes see is a person leaving a handwritten document as a Will. In legal terms this is called a “holographic” Will. This type of will may be valid in Florida, provided it follows the same witnessing requirements as a more traditional typewritten Will. Under Florida law, a valid Will must be… Read More »
How a Power of Appointment Can Affect the Rights of Potential Trust Beneficiaries
When making a Will or Trust, a person may sometimes grant someone else a “power of appointment.” This is basically the authority to decide how to dispose of particular property. Let’s take a simple example. Say you have a large collection of vinyl records. You cannot decide who to leave them to, as you… 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...