Monthly Archives: September 2024
The Importance of Taking a Consistent Position in Probate Litigation
There is a principle in civil litigation known as judicial estoppel. The basic idea is fairly simple to explain. Basically, if you take a position during a lawsuit, you cannot take a conflicting or contradictory position later in the same case. Even if your new position has merit, the court can hold the party… Read More »
Florida Judge Rejects Children’s Attempt to Disinherit Father Under “Slayer Statute”
It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will… Read More »
When Do Married Couples Own a Bank Account as “Tenants by the Entirety”?
Married couples in Florida often acquire and hold property as “tenants by the entirety.” This is a form of joint ownership. Essentially, each spouse owns a whole, indivisible interest in the underlying property. When one spouse dies, the survivor continues as sole owner. As neither spouse ever owned the property in their sole name,… Read More »
What Are the Factors in a Florida “Undue Influence” Claim?
When family members end up in litigation over a loved one’s estate, there is almost always an accusation of “undue influence.” This is a legal concept used to describe a situation where the recipient of property abused a confidential relationship with the grantor in order to obtain title. According to the Florida Supreme Court,… Read More »
Can Someone Else Sign a Change of Beneficiary Form on Your Behalf?
Federal Judge Rules Notary Could Not Sign Form for Blind Woman A document signed by a notary on behalf of a disabled person may still be invalid if the underlying form does not permit such an action. A recent decision from a federal judge in Fort Myers, Pruco Life Insurance Company v. Howen, provides… Read More »
Do Adopted Children Inherit from Their Birth Parents?
From a legal standpoint, a legally adopted child is treated no differently than a person’s biological offspring. For example, say Mary has two children, George and Stephanie. George is Mary’s natural-born son, while Stephanie was adopted at birth. If Mary died without leaving a Will, under Florida intestate succession law both George and Stephanie… Read More »
When Is an Accident Not an “Accident” Under a Life Insurance Policy?
For many Florida residents, life insurance is a crucial part of their estate plan. Life insurance is often the primary means a person has of ensuring financial security for their family if they die suddenly and unexpectedly. One reason for this is that life insurance is payable to a named beneficiary, so it can… 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...