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Monthly Archives: July 2021

Guardianship3

Britney Spears Case Brings New Attention To The Impact Of Adult Conservatorships

By Mark R. Manceri, P.A. |

The ongoing legal saga of pop singer Britney Spears has raised awareness nationwide about the nature of adult conservatorships–or what Florida refers to as guardianships. The 40-year-old Spears has been under a California court-ordered conservatorship for the past 13 years. Elie Mystal, a legal writer for The Nation, explained that the conservator, Spears’ father,… Read More »

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MeetAtty

Why Do Probate Estates Need To Publish A “Notice To Creditors”?

By Mark R. Manceri, P.A. |

Even in the age of social media, when government officials announce decisions on Twitter and Facebook, there are still some legal formalities that require the use of an old-fashioned printed newspaper. One such example is the “Notice to Creditors” that must be published for every Florida probate estate. Perhaps you have seen such notices… Read More »

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Guardianship

The Limits Of The Federal Probate Exception

By Mark R. Manceri, P.A. |

Federal courts often exercise what is known as diversity jurisdiction over civil litigation. “Diversity” in this context refers to a diversity in where the parties live. For example, if you are a Florida resident and sue a Georgia resident, even under Florida law, the defendant has the right to invoke diversity jurisdiction and have… Read More »

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DocKeysMoney

The Personal Representative’s Role In Collecting Money Owed To An Estate

By Mark R. Manceri, P.A. |

When administering a probate estate, the personal representative may need to take legal action to collect any money or property owed to the estate. The personal representative has the same right to sue or be sued as the decedent. At the same time, the personal representative is also bound by any contractual arrangement signed… Read More »

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PersRep

Can A Spouse Waive Their Right To An Elective Share Of The Other Spouse’s Estate?

By Mark R. Manceri, P.A. |

If you are married, Florida law does not permit you to unilaterally disinherit your spouse. A surviving spouse may claim an “elective share” of your estate regardless of the terms of your will or trust. The elective share is 30 percent of your estate, as calculated pursuant to Florida law. The surviving spouse must… Read More »

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EstPlan23

What Is The Role Of A Trust Protector?

By Mark R. Manceri, P.A. |

Trust litigation frequently involved challenges to the mental competency of the settlor, i.e., the person who originally created the trust. But a recent Arizona appeals court decision addressed a more interesting question: Is it possible to exercise undue influence over a settlor such that he improperly influences the actions of the person charged with… Read More »

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Probate7

Is A Person’s Interest In A Limited Liability Company A Probate Or Non-Probate Asset?

By Mark R. Manceri, P.A. |

A common source of estate litigation in Florida is the question of what is considered a “probate” asset in the first place. For example, it is well understood that assets placed in a trust or subject to a payable-on-death designation are non-probate assets. But other assets may fall into more of a gray area… Read More »

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