Monthly Archives: October 2022
Proving Undue Influence In Florida
Many people think that they are doing a good thing when they invest a great deal of money in hiring a caretaker for their parent or an elderly loved one. Doing so can allow the individual to remain in their home, maintain some autonomy, and avoid a nursing home. However, when it comes to… Read More »
Do I Have Standing To Contest Inter Vivos Transactions?
When you have an elderly loved one who has been taken advantage of, it can be hard to figure out where to start when it comes to trying to make things right. Elderly and sick individuals are especially vulnerable when it comes to being taken advantage of, for instance, by others close to them… Read More »
Contesting A Guardianship In Florida
There unfortunately often comes a time when our elderly loved ones are no longer able to manage their own affairs due to a lack of capacity. If this is the case, they may face serious challenges due to unpaid bills and an inability to make good decisions about their own medical care or finances…. Read More »
Can I Appeal A Probate Order?
Have you lost a loved one? If so, you may have had to mourn while going through a lengthy and frustrating probate process. To finally reach the end of that process only to learn that the court has erred in the process can be infuriating, and it is easy to feel helpless in that… Read More »
When Can A Florida Court Do To Remedy A Trustee’s Breach Of Fiduciary Duty
The beneficiary of a trust may take legal action against the trustee if they believe there has been mismanagement of the trust’s assets. If the court finds the trustee has breached their fiduciary duty to the beneficiary, a judge can hold the trustee personally liable for any financial damages. But can the court restrict… Read More »
How Paying A Late Creditor Claim Can Get A Florida Personal Representative Into Trouble
The personal representative of a Florida probate estate has a legal duty to pay any personal debts owed by the decedent at the time of their death. But there is an important caveat: The creditor holding that debt must file a claim against the estate within a certain time period. Normally, such claims need… Read More »
Why You Need To Act Promptly When Appealing A Florida Probate Decision
When it comes to probate matters, you need to assert your legal rights in a timely manner. For example, there are certain deadlines to file a creditor claim or an objection to a probate accounting. And when you are involved in active probate litigation, it is important to act promptly if you disagree with… Read More »
Divided Florida Appeals Court Holds Guardian May Not Retain Deceased Ward’s Retirement Accounts To Pay Expenses
When an adult is no longer capable of caring for themselves, a Florida court may need to step in and appoint a guardian. A guardianship is typically necessary only when an adult has failed to execute a power of attorney or similar documents prior to becoming incapacitated. In the absence of such express wishes,… 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...