Author Archives: Jay Butchko
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 »
Timeline for Filing Required Reports
Handling an estate involves not just honoring their wishes but also following Florida’s strict probate laws. Among the most important responsibilities for personal representatives is filing required Accountings and Inventories with the Court. These ensure transparency, protect beneficiaries, and provide a clear accounting of how the estate is being managed. Failing to file them… Read More »
Can You Challenge a Will in Florida?
The passing of a loved one is an emotional time, and disputes over their will can add stress to an already difficult situation. In Florida, you can challenge a will, but only under certain circumstances and within specific timeframes. Talk to a Pompano Beach estate litigation lawyer about who has the right to contest… Read More »
Undue Influence and What Constitutes an Abrupt Change
Family members expect a loved one’s Will to reflect their true intentions when they pass away. But in some cases, heirs are shocked to discover abrupt or unexpected changes to the estate plan. These sudden alterations can raise serious questions about whether the will was made freely or whether someone else exerted undue influence… Read More »
Florida’s Elective Share Laws and Protecting Disinherited Spouses
When a surviving spouse discovers they have been disinherited or left only a small portion of their partner’s estate, fights may erupt. But it’s important to know that while it can be devastating to discover that you have not been provided for in a Will or Trust, Florida law recognizes the special status of… 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...