Author Archives: Jay Butchko
Resolving Disputes Regarding Probate Court Jurisdiction
When a loved one passes away, their estate often goes through the probate process to ensure proper distribution and administration of their assets. Establishing the correct probate court jurisdiction is an essential aspect of navigating this complex legal process. Dealing with disputes regarding probate court jurisdiction can be both emotionally challenging and legally complicated…. Read More »
Your Rights As A Beneficiary In Estate Administration
Losing a loved one is never easy, and during the grieving process, it can be difficult to understand and navigate the complex world of estate administration. If you are named as a beneficiary in a will or trust, it is important to know your rights to ensure that the assets are distributed according to… Read More »
Who Has The Burden Of Proof On Undue Influence Cases In Florida?
Challenging a will due to undue influence can be a complex and emotionally charged process. The person contesting the will must prove that undue influence was involved. However, who has the burden of proof in such cases? Let’s discuss what constitutes undue influence in will contest cases and how to prove it. Our Pompano… Read More »
Can You Appeal A Probate Court Decision In Florida?
If you have received an unfavorable decision from a probate court in the state of Florida, you may be wondering if there is any recourse to challenge the ruling. The good news is that in many cases, you can appeal a probate court decision. Our Pompano Beach estate litigation lawyer at Mark R. Manceri,… Read More »
How To Compel A Trust Accounting In Florida?
Trusts are a type of financial arrangement that can help individuals and families protect and manage their assets. However, when a trust is created, there are often many questions about how the assets are being managed and whether the trustee is fulfilling their duties. One important aspect of trust management is trust accounting. If… Read More »
Can You Challenge The Validity Of A Will Without Sufficient Evidence?
The death of a loved one is already a stressful and difficult time, and when their will seems suspicious or fraudulent, it can create an added layer of tension. If you suspect that the will of a deceased relative or friend is invalid, you might be considering contesting it. But can you challenge the… Read More »
Grounds For Disinheriting A Spouse And Children
Planning for the future is important, and estate planning is one way to ensure that your assets are divided as per your wishes after you pass away. However, sometimes there may be situations where you feel disinheriting your spouse or children may be necessary. This is a sensitive topic and requires careful consideration. However,… Read More »
4 Possible Defenses (Among Others) If You Are Wrongfully Accused Of Undue Influence In A Will Dispute
Will disputes can be a challenging and stressful situation, especially when you are accused of undue influence. Being accused of undue influence in a will dispute can have a significant impact on your life and reputation. If you find yourself in this situation, it is essential to know your legal rights and fight against… Read More »
How Do You Prove A Lack Of Testamentary Capacity?
Challenging the validity of a will can be an arduous task for those looking to prove that the deceased lacked testamentary capacity when they created the document. To have success in such cases, individuals must understand how testamentary capacity is determined in the state of Florida and what they need to do to prove… Read More »
What Is An Objection To Estate Accountings?
Estate accountings are an essential part of the probate process. Accountings are necessary for beneficiaries to understand how the estate was managed and for the court to ensure that all responsibilities were fulfilled properly. However, there may be times when objections to estate accounting need to be raised. It is important to understand what… Read More »