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Monthly Archives: December 2021

EstPlan13

What Florida’s Amended “Revocation Upon Divorce” Rule Means For Trust And Estate Law

By Mark R. Manceri, P.A. |

Since the 1950s, Florida law has included provisions for automatically cutting a person’s former spouse out of a will made prior to the divorce. This is obviously to prevent a situation where a person forgot to update their will after the divorce and potentially leaving their ex as personal representative and/or a beneficiary of… Read More »

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Guardianship3

The Problems That May Arise When Transitioning A Guardianship

By Mark R. Manceri, P.A. |

An incapacitated adult (i.e., a ward) may require someone to serve as their legal guardian. Since a guardianship may last for the duration of the ward’s life, it is important for a current or potential guardian to consider provisions for transitioning to a successor guardian if and when it becomes necessary. It is important… Read More »

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EstPlan17

How Florida Recently Expanded Its “Slayer Statute”

By Mark R. Manceri, P.A. |

A common trope of crime fiction is the person who kills their spouse to collect the life insurance money. In reality, such schemes are doomed to fail because of what is known as the “Slayer Statute.” This is a longstanding common-law rule that was codified in the Florida Statutes back in the 1970s. Basically,… Read More »

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Legal28

Federal Judge Finds Estates Of Cuban Refugees May Not Pursue Lawsuit Against Alleged “Trafficker” In Stolen Property

By Mark R. Manceri, P.A. |

When a Florida resident dies, their individual property immediately becomes part of their probate estate. Florida courts have referred to this as the “twinkling of the legal eye.” In practical terms, this means that at the moment of death, the decedent is no longer the legal owner of the property that now belongs to… Read More »

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Will8

Does Having A Revocable Trust Eliminate The Need For A Will?

By Mark R. Manceri, P.A. |

One of the key reasons people create a revocable living trust is to avoid the need for probate after their death. Assets held by a trust are not considered part of the settlor’s individual probate estate. This means that upon the settlor’s death, the trust continues to hold the trust’s assets, subject to any… Read More »

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Litigation

What Is A Lady Bird Deed?

By Mark R. Manceri, P.A. |

A common estate planning scenario involves a parent who wants to leave their home to their adult children without the need for probate. One option would be to create a revocable trust and transfer the home into said trust. But for people who do not want to bother with the time, expense, or ongoing… Read More »

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Hands

How Do You End A Florida Guardianship?

By Mark R. Manceri, P.A. |

When an adult is unable to make personal or financial decisions due to a mental or physical disability, a Florida court can appoint a surrogate decision-maker known as a guardian. A guardianship is only necessary when there is no readily available alternative, i.e., the disabled adult did not have a power of attorney or… Read More »

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EstateWill

How Does The Family Allowance Work In A Florida Probate Estate?

By Mark R. Manceri, P.A. |

A formal probate proceeding often takes several months to complete. During this time, the decedent’s assets remain under the control of their estate. This can make it difficult for the decedent’s surviving spouse and dependents (i.e., children) to pay their basic living expenses. For this reason, Florida law authorizes the estate to pay a… Read More »

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