Monthly Archives: September 2023
Is a Will Valid If It Is Handwritten?
In the age of computers, it is fairly uncommon to come across a legal document that is written out by hand. But it does happen. And this can lead to some complications, particularly if the legal document in question purports to be someone’s last will and testament. In legal terms, a will written out… Read More »
How Much Time Does a Creditor Have to File a Lawsuit Against an Estate?
Florida probate law imposes a set of deadlines on creditor claims against an estate. The basic rule is that a creditor must present a claim to the personal representative of the estate within the later of 30 days after being served a notice of the estate’s probate or 3 months after said notice is… Read More »
Does a Power of Attorney Eliminate the Need for a Guardianship in Florida?
A Florida court can appoint a plenary guardian to serve as a legal decision-maker on behalf of an adult who is no longer capable of caring for themselves. A guardianship is only created as a last resort, however, and if the incapacitated person has a power of attorney or similar estate planning documents in… Read More »
Does a Power of Attorney Signed in a Foreign Country Need to Comply with Florida Law?
A power of attorney is a useful legal tool for giving someone the authority to act in your name while you are still alive. While some powers of attorney only take effect when the principal is incapacitated, they are also often used when the principal is simply unavailable. For example, if you want to… Read More »
Understanding the Limits of an Agent’s Authority Under a Florida Power of Attorney
Most estate plans include a document known as a power of attorney (POA). The basic idea behind a POA is fairly simple: A principal appoints an agent to act on the principal’s behalf. Some POAs are limited to a specific property or transaction. For example, you might sign a limited power of attorney so… Read More »
Do Children Born After a Parent’s Death Inherit From Their Estate?
There are, sadly, situations where a child is born after a parent dies. This usually comes up in the context of a father dying after a child is conceived but before the mother gives birth. Which begs the question, “Can the child still inherit from the father’s estate?” Section 732.106 of the current Florida… 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...