Author Archives: Jay Butchko
Can You Revoke a “Preneed Guardian” Designation After You Are Found Incapacitated?
When a Florida court determines that an adult suffers from “limited capacity,” the judge may appoint a guardian to exercise certain legal rights and decision-making authority on that adult’s behalf. And while trial judges typically have broad discretion to decide who should serve as guardian in these cases, Florida law does recognize the appointment… Read More »
Does Creating a Revocable Trust Show “Intent” to Transfer Real Property?
It is common in Florida estate planning for individuals to transfer their real estate, including their homestead property (primary residence), into a revocable living trust. The trustee named in the trust takes over the legal title to the property and administers it as directed by the trust’s settlor. Typically, the trust itself–or at least… Read More »
Sibling Rivalry and Florida Trust Litigation
One of the commonly cited benefits of revocable trusts over wills is that the former affords families greater privacy when it comes to estate planning. The probate of a will is usually a matter of public record. A trust, in contrast, can remain private. Only the settlor of the trust, the trustees, and the… Read More »
Is a Testamentary Trust Beneficiary an “Interested Person” in the Probate Estate?
There are a few different ways to create an estate planning trust in Florida. One is to sign a trust during your lifetime. This is commonly known as a living trust or revocable living trust. This type of trust exists separate from your will, if you have one. There is also what is known… Read More »
How Does a Florida Trust Beneficiary Challenge a Trustee’s Decisions?
Unlike probate estates, Florida trusts are generally not subject to ongoing court supervision. A trust is effectively a private matter between the settlor–the person who creates the trust–the trustee, and the beneficiaries. Of course, legal disputes can and do arise over the administration of a trust. For example, a beneficiary may wish to challenge… Read More »
When Is a “Surviving Spouse” Not a Surviving Spouse?
When a married person dies, their surviving spouse enjoys certain rights and protections under Florida law. For example, a surviving spouse continues to enjoy any homestead property rights with respect to the primary residence. A surviving spouse can also claim a “family allowance” of up to $18,000 for their maintenance while their deceased spouse’s… Read More »
What Is “Conversion” Under Florida Law?
Conversion is a form of civil theft. Florida courts have defined conversion to mean “the exercise of wrongful dominion and control over property to the detriment of the rights of its actual owner.” Essentially, if someone else has your property, and they refuse to return it to you upon demand, they have engaged in… Read More »
Does a Power of Attorney Let You Act as Someone’s Lawyer?
A power of attorney is a legal document designating someone to act as your agent for certain purposes. For example, if you want to sell your home but cannot be present at the closing, you could sign a limited power of attorney authorizing an agent to sign the closing papers on your behalf. In… Read More »
Can a Florida Judge Order an Investigation into a Trustee Without Warning?
Special needs trusts are a legal tool used to help individuals retain their eligibility for public assistance programs like Medicaid, which impose strict income and asset limits. In some cases, it may be impractical to establish a dedicated special needs trust for a single beneficiary. So instead, a Florida court may authorize transferring certain… Read More »
Do Witnesses to a Will Actually Have to Testify in Court?
Florida law has strict requirements when it comes to witnessing a last will and testament. The person executing the will–who is known as the testator–must sign the written will in the presence of at least two witnesses. The witnesses can be effectively anyone. State law only requires that they be a “competent” person, i.e.,… 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...