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Monthly Archives: July 2024

ElderCPlan

How Does a Florida Trust Beneficiary Challenge a Trustee’s Decisions?

By Mark R. Manceri, P.A. |

Unlike probate estates, Florida trusts are generally not subject to ongoing court supervision. A trust is effectively a private matter between the settlor–the person who creates the trust–the trustee, and the beneficiaries. Of course, legal disputes can and do arise over the administration of a trust. For example, a beneficiary may wish to challenge… Read More »

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EstPlan17

When Is a “Surviving Spouse” Not a Surviving Spouse?

By Mark R. Manceri, P.A. |

When a married person dies, their surviving spouse enjoys certain rights and protections under Florida law. For example, a surviving spouse continues to enjoy any homestead property rights with respect to the primary residence. A surviving spouse can also claim a “family allowance” of up to $18,000 for their maintenance while their deceased spouse’s… Read More »

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ElderLaw2

What Is “Conversion” Under Florida Law?

By Mark R. Manceri, P.A. |

Conversion is a form of civil theft. Florida courts have defined conversion to mean “the exercise of wrongful dominion and control over property to the detriment of the rights of its actual owner.” Essentially, if someone else has your property, and they refuse to return it to you upon demand, they have engaged in… Read More »

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