Monthly Archives: October 2021
How A Prenuptial Agreement Can Affect A Surviving Spouse’s Inheritance Rights
Prenuptial and postnuptial agreements often play a key role in probate litigation. Although most people associate such agreements with divorce, they also typically govern one spouse’s rights in the event of the other spouse’s death. For example, a prenuptial agreement may waive a spouse’s homestead rights under Florida law in the marital home. As… Read More »
The Law Governing Removal Of Trustees In Florida
When setting up a living trust, the settlor usually retains the right to appoint or remove the trustee during their lifetime. After the settlor’s death, a Florida judge can also remove a trustee for a number of reasons, including “unfitness” to serve. The judge may also consider the wishes of the trust’s beneficiaries in… Read More »
What Happens If An Heir Hunter Or “Long Lost” Relative Claims A Share Of A Probate Estate?
Many people fail to make a will before they die. One common reason is the belief that since state law gives their estate to their next of kin anyways, a will is simply unnecessary. And in many cases that is true. But then you come across a situation where a previously unknown or “long… Read More »
Understanding A Trustee’s Duty To File Trust Accountings
The trustee of a trust is accountable to the beneficiaries of that trust. In this context, accountability means that Florida law requires the trustee to provide any “relevant information” regarding the trust to the beneficiaries. This includes an annual accounting of the trust’s assets. Section 736.08135 of the Florida Statutes provides the general framework… Read More »
What Do I Do If I Suspect Will Forgery?
Many people are surprised, if not shocked, to learn that they inherited nothing from a family member’s estate. In some cases the excluded family member may suspect the will itself was forged or tampered with in some way. Although will forgery is rare, it does happen. So what steps should you take if you… Read More »
When Is An Asset Actually Transferred Into A Trust? And Why Does It Matter?
When a person transfers an asset to a revocable living trust, it is no longer considered a probate asset. In other words, when the person dies, the asset previously placed in the trust does not pass under the terms of the person’s will. It is a non-probate asset. There are of course cases where… Read More »
What Are The Different Types Of Fiduciaries In Florida?
A fiduciary is someone authorized to act on behalf of another person in some capacity. When it comes to probate estates, trusts, and guardianships, there are a number of different kinds of fiduciaries who may be responsible for administering someone else’s property. The terminology is often confusing to family members who are inexperienced with… 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...