Author Archives: Jay Butchko
Procedural Pitfalls in Florida Probate: Lessons from a Recent Case
Estate litigation often involves more than simply determining who receives a loved one’s assets. Probate disputes are governed by strict procedural rules, and even a small delay or missed deadline can dramatically affect the outcome of a case. A recent Florida probate decision (Days v. Brown) illustrates how procedural timing and litigation strategy can… Read More »
Handling Disputes Over Joint Accounts and Beneficiary Designations in Florida
Families often expect the probate process to determine how assets are distributed. Yet many valuable assets, such as bank accounts, retirement funds, and life insurance policies, transfer outside of probate through joint ownership or beneficiary designations when someone passes away. While these tools are designed to simplify estate planning, they can also lead to… Read More »
What Happens When Someone Steals From an Estate?
It is expected that estates will be administered honestly and according to the law. Yet, unfortunately, estate theft and financial misconduct are not uncommon, particularly when a personal representative, trustee, or family member has access to estate assets. Stealing from a FL estate carries serious consequences and may give rise to both civil and… Read More »
Can a Person Be Both an Heir and a Beneficiary?
Confusion often arises around the terms heir and beneficiary. While they are sometimes used interchangeably in casual conversation, they have distinct legal meanings. In certain situations, a person can be both an heir and a beneficiary, but in others, they may be only one or neither. If you are part of a Florida estate,… Read More »
When a Disinheritance May Be Invalid Under Florida Law
Being disinherited can feel shocking and deeply personal, especially when it comes as a surprise after a loved one’s passing. While Florida law generally respects a person’s right to distribute their assets as they see fit, there are important exceptions. In some situations, a disinheritance may be legally invalid and subject to challenge through… Read More »
What Is Disgorgement?
Family members and beneficiaries are often confronted with legal terminology that they aren’t familiar with when dealing with an estate. One term that arises in contested estates is disgorgement, a powerful legal remedy that can require someone to return money or property they wrongfully obtained. If you are involved in an estate matter, understanding… Read More »
Homestead Property Disputes in Florida Probate
A unique and powerful role in Florida probate law, homestead protections are designed to safeguard families and preserve primary residences. But it’s important to know that these protections can also become a source of serious conflict during probate. Homestead property disputes are among the most common (and most complex) issues estate attorneys handle. Working… Read More »
What to Do If You Suspect a Will Was Forged
Discovering that a will may not be legitimate can be shocking. Unfortunately, forged wills do arise in Florida probate cases, often leading to intense disputes among family members and beneficiaries. If you suspect a will was forged, have a conversation with a Pompano Beach estate litigation lawyer. What Does Forgery of a Will Mean… Read More »
How to Move Forward When Trustees and Beneficiaries Don’t Get Along
Trusts should provide clarity, efficiency, and harmony. While this is true in many situations, in others disputes arise. This could be the case when trustees and beneficiaries disagree about administration, distributions, or transparency. Conflicts can escalate quickly without proper legal guidance. Partner with a Pompano Beach estate litigation lawyer in order to move forward… Read More »
Who Should Have a Pour-Over Will?
A common objective when creating an estate plan is to streamline asset distribution. However, even with a properly drafted trust, one critical document should not be overlooked, and that is the pour-over will. Understanding what a pour-over document is, who needs one, and how it functions within Florida’s legal framework can prevent costly complications… 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...