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Author Archives: Jay Butchko

FAQs

Frequently Asked Questions About Florida’s “Elective Share” Rules

By Mark R. Manceri, P.A. |

If you are married at the time of your death, your spouse has certain inheritance rights under Florida law. Specifically, Section 733.201 of the Florida Statutes grants the surviving spouse “the right to a share of the elective estate of the decedent.” There is often confusion surrounding the elective share, however, and how it… Read More »

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EPlanning

Can a “Potential Heir” Seek a Determination of Homestead Status in Florida?

By Mark R. Manceri, P.A. |

The Florida Constitution provides broad protections for a person’s primary residence or “homestead.” This protection takes a number of forms. One of them is actually a restriction on the devise of the homestead property. Basically, if the owner is survived by a spouse or a minor child, they cannot leave the homestead property to… Read More »

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ManThinkingDocument

How Representing Yourself in Probate Litigation Can Go Wrong

By Mark R. Manceri, P.A. |

Estate and trust litigation is generally quite complex. These are highly specialized areas of Florida law. So it makes sense that if you become involved in such litigation, you would want to work with a qualified attorney. The last thing you want to do is represent yourself. While you can act pro se in… Read More »

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Executor

How a Sibling Squabble Can Lead to Allegations of Breach of Fiduciary Duties

By Mark R. Manceri, P.A. |

It is fairly common for people creating a revocable trust to name a family member as their successor trustee. This can lead to some confusion over the successor trustee’s role, particularly if they are also a beneficiary of the trust. In some cases, the trustee may confuse their rights as a beneficiary with their… Read More »

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Will12

Florida Courts Reject Purported Second “Lost” Will

By Mark R. Manceri, P.A. |

Back in 2022, we discussed a Florida probate case involving a woman (the petitioner) who claimed she had found a lost will of her late step-grandfather (the decedent). The probate court determined the document presented–which was signed but not witnessed–was invalid and the decedent had, in fact, died leaving no will. The Florida Third… Read More »

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FAQs

FAQs About Florida Wills

By Mark R. Manceri, P.A. |

It is a good idea for every Florida to make a last will and testament. Executing a will is not difficult. But it does require following certain legal formalities to protect against possible legal challenges after you die. With that in mind, here are some common questions we get about wills and probate here… Read More »

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Probate8

How a Tragic Murder-Suicide Creates Probate Complications for the Survivors

By Mark R. Manceri, P.A. |

Domestic violence is an all too common problem here in Florida. Many high-profile murder cases involve family members killing one another. And even when the killer is no longer alive to face criminal charges, there can still be significant estate and probate litigation arising from such horrific acts.   Mother Files Wrongful Death Claim… Read More »

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ElderPlan

Can a Surviving Unmarried Partner Assert Any Rights in a Florida Probate Estate?

By Mark R. Manceri, P.A. |

Florida law confers a number of legal rights on the surviving spouse of a deceased individual. For example, a surviving spouse has priority to be named personal representative of the deceased spouse’s estate, assuming there is no will naming someone else to serve in that role. And even when there is a will, the… Read More »

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ProbateMoney

Are Florida Wrongful Death Awards Subject to Probate?

By Mark R. Manceri, P.A. |

When someone dies as the result of the negligent or intentional act of another, the personal representative of the victim’s probate estate may file what is called a wrongful death lawsuit against the responsible parties. Wrongful death is a special type of personal injury claim created by Florida law. And while the victim’s estate… Read More »

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Inherit

Does a Child Conceived After the Father’s Death Have Inheritance Rights?

By Mark R. Manceri, P.A. |

In vitro fertilization (IVF) allows couples who have difficulty conceiving a child on their own to successfully become pregnant. The IVF process allows donor parents to store sperm and egg samples for later conception. But this can also raise some interesting probate questions when those samples are used to conceive a child after the… Read More »

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