Author Archives: Jay Butchko
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 »
Can You Sue a Trustee for Misusing Funds?
Trusts are powerful estate planning tools that allow individuals to protect and distribute assets according to their wishes. When properly managed, trusts provide peace of mind and financial security for beneficiaries. But if a trustee, the person charged with managing the trust, misuses funds or fails to uphold their responsibilities, beneficiaries may suffer significant… Read More »
3 Types of Undue Influence Isolation
When a will or trust is contested in Florida, a common claim raised is undue influence. This occurs when someone manipulates a vulnerable person into changing their estate plan in a way that benefits the manipulator. Florida courts take these claims seriously. If you have concerns, know that a Pompano Beach estate litigation lawyer… Read More »
When Do You Need an Estate Litigation Lawyer in Florida?
Arising during times of grief, estate matters can be deeply personal. And when disputes over wills, trusts, or inheritances occur, they can cause lasting damage to family relationships. This is where an estate litigation lawyer becomes essential. In Florida, understanding when to seek legal representation from a Pompano Beach estate litigation lawyer can protect… Read More »
Trustee Trouble and What to Do Next
Managing assets for the benefit of named beneficiaries, trustees are given significant authority. This authority comes with a strict legal obligation, known as a fiduciary duty, to act in the best interests of the beneficiaries. Unfortunately, trustees do not always live up to these responsibilities. When mismanagement, neglect, or outright misconduct occurs, beneficiaries may… 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...