Monthly Archives: November 2023
What Happens When You Refuse to Transfer Assets to a Legally Appointed Guardian in Florida?
When an adult Florida resident is incapacitated and unable to manage their own affairs, a court may need to step in and appoint a guardian. It is not uncommon in these situations for family members to litigate the question of who should be the guardian. But once the court renders judgment on the issue,… Read More »
Can You Pursue Estate Litigation Outside of Probate in Florida?
As a general rule in Florida, legal disputes over a deceased individual’s probate estate must be resolved as part of the probate proceeding itself. Put in different terms, if you had an adequate opportunity to litigate a probate dispute during the original administration of the estate, you cannot later try and file a separate… Read More »
What Happens When a Florida Probate Lawyer Has a Conflict of Interest?
Probate disputes in Florida can lead to litigation. This means a trial before a judge who must hear witness testimony with respect to the underlying issue, such as a contested will. In some cases, this can present certain legal conflicts, particularly when the attorney who prepared the will may also end up as a… Read More »
3 Questions to Ask Before Contesting a Will in Florida
It is not unusual for someone to be shocked or angered when they are excluded from a loved one’s will. For many people in this situation, their initial response may be to try and contest the will. But will contests are rarely actually filed in Florida–and even more rarely succeed. With that in mind,… Read More »
Does a Florida Estate Have to Pay Civil Fines Assessed Against the Deceased?
Although civil lawsuits against a deceased defendant may continue against their estate after their death, criminal cases typically die with the accused. After all, you cannot prosecute a dead person. The general rule is that a criminal prosecution must be suspended or “abated” once the court is notified of the defendant’s death. Even in… 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...