Monthly Archives: March 2024
How a Sibling Squabble Can Lead to Allegations of Breach of Fiduciary Duties
It is fairly common for people creating a revocable trust to name a family member as their successor trustee. This can lead to some confusion over the successor trustee’s role, particularly if they are also a beneficiary of the trust. In some cases, the trustee may confuse their rights as a beneficiary with their… Read More »
Florida Courts Reject Purported Second “Lost” Will
Back in 2022, we discussed a Florida probate case involving a woman (the petitioner) who claimed she had found a lost will of her late step-grandfather (the decedent). The probate court determined the document presented–which was signed but not witnessed–was invalid and the decedent had, in fact, died leaving no will. The Florida Third… Read More »
FAQs About Florida Wills
It is a good idea for every Florida to make a last will and testament. Executing a will is not difficult. But it does require following certain legal formalities to protect against possible legal challenges after you die. With that in mind, here are some common questions we get about wills and probate here… Read More »
How a Tragic Murder-Suicide Creates Probate Complications for the Survivors
Domestic violence is an all too common problem here in Florida. Many high-profile murder cases involve family members killing one another. And even when the killer is no longer alive to face criminal charges, there can still be significant estate and probate litigation arising from such horrific acts. Mother Files Wrongful Death Claim… Read More »
Can a Surviving Unmarried Partner Assert Any Rights in a Florida Probate Estate?
Florida law confers a number of legal rights on the surviving spouse of a deceased individual. For example, a surviving spouse has priority to be named personal representative of the deceased spouse’s estate, assuming there is no will naming someone else to serve in that role. And even when there is a will, the… Read More »
Are Florida Wrongful Death Awards Subject to Probate?
When someone dies as the result of the negligent or intentional act of another, the personal representative of the victim’s probate estate may file what is called a wrongful death lawsuit against the responsible parties. Wrongful death is a special type of personal injury claim created by Florida law. And while the victim’s estate… Read More »
Does a Child Conceived After the Father’s Death Have Inheritance Rights?
In vitro fertilization (IVF) allows couples who have difficulty conceiving a child on their own to successfully become pregnant. The IVF process allows donor parents to store sperm and egg samples for later conception. But this can also raise some interesting probate questions when those samples are used to conceive a child after the… Read More »
What Happens to a Florida Homeowners Mortgage After They Die?
Florida has some of the strongest homestead protections in the country. This means that unsecured creditors generally cannot force you to sell your primary residence to satisfy a debt. But this protection does not cover a secured debt such as a mortgage. Obviously, if you fail to make your mortgage payments, the lender can–and… Read More »
Can a Florida Probate Estate Enforce Inheritance Rights Under Non-U.S. Laws?
Because Florida is home to many non-U.S. citizens, and many non-citizens own property in the state, it is not uncommon for foreign laws affecting inheritance rights to intersect with Florida’s probate system. Such cases can raise complex issues of law. And in many cases, Florida courts must look to and enforce the law of… 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...