Author Archives: Jay Butchko
Guardianship Warning Signs to Watch For
If you have a loved one under guardianship (or are considering guardianship), know that there are red flags that merit attention. For one, unexplained property transfers or a sudden neglect of physical or mental health care. Poor or no communication from the guardian about major decisions, finances, or the ward’s welfare can be an… Read More »
Removal of a Florida Trustee, a Step-by-Step Guide
Trustees hold significant power over assets meant to benefit others. When a trustee breaches a fiduciary duty Florida law allows beneficiaries (and sometimes the settlor or cotrustees) to ask a court to remove that trustee and protect the trust. Whether you have noticed a trustee engaging in self-dealing, mismanaging assets, hiding information, or otherwise… Read More »
What People Don’t Know About Probate and How to Prepare for the Process
Estates often go through probate, which is a court-supervised process of identifying assets, paying debts, and distributing property to heirs or beneficiaries. While many people have heard the term, few truly understand what probate involves until they’re in the middle of it. The truth is that being unprepared for probate can lead to long… Read More »
What Beneficiaries Can Do When a Personal Representative Fails to Communicate
The loss of a loved one is difficult enough without added stress or confusion about what’s happening with their estate. In Florida, the person appointed to manage the estate, known as the Personal Representative, has legal obligations to act transparently and in the best interests of the beneficiaries. Yet unfortunately, some Personal Representaive’s fail… Read More »
When an Omitted Heir Can Access an Inheritance
Arguments often erupt when someone discovers they were left out of a will or trust. This is true whether the omission was intentionally or by mistake. These individuals are sometimes referred to as omitted heirs. For Florida families, understanding the rights of omitted heirs is essential to ensuring that loved ones are treated fairly… Read More »
Legalities Surrounding Revoked Wills
When a will has been changed or revoked, uncertainty can enter the estate distribution process. Throughout Florida, disputes involving revoked wills are a common cause of estate litigation. Have a conversation with a Pompano Beach estate litigation lawyer about what a revoked will is, when a document is enforceable, and how to protect your… Read More »
Undue Influence in Florida Estate Litigation
Family members may have deep hopes about what they should receive from an estate. For this reason, when it comes to wills, trusts, and the distribution of an estate, emotions often run high. In some cases, expectations cross a legal line, undue influence is exercised over the person creating their estate plan. For anyone… Read More »
What Is a Pretermitted Spouse and Exceptions to the Rule
Life changes, such as marriages, are times when it is important to update estate documents. If this doesn’t happen, it can complicate estate matters. For example, the Florida estate concept of a pretermitted spouse could arise. This legal term refers to a husband or wife who was not included in their spouse’s will because… Read More »
Nonprobate Assets and How They Affect Estate Distribution
Probate is a legal process where the court oversees the distribution of assets and ensures debts and taxes are paid after someone passes away. However, not all assets go through probate. Some pass directly to beneficiaries, and these are sometimes referred to as nonprobate assets. Having an understanding of what qualifies as a nonprobate… Read More »
Is It Possible to Have an Oral Trust Agreement?
A written trust provides clarity, structure, and legal certainty. But what happens when someone claims that a trust was created verbally, without a written agreement? To learn more about if an oral trust can be valid under Florida law, connect with a Pompano Beach estate litigation lawyer. Can an Oral Trust Be Valid? A… 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...