Author Archives: Jay Butchko
The Non-Claim Statute in Florida
Handling the probate process can be an overwhelming experience, especially for individuals who are new to the field. One of the many aspects to understand when dealing with probate in Florida is the non-claim statute. The non-claim statute is a legal provision that governs the time frame for creditors to file claims against the… Read More »
Why Should A Personal Representative Have Legal Counsel?
Being appointed as a personal representative, also known as an executor, of a loved one’s estate can be overwhelming. Not only are you grieving and managing the loss of a loved one, but you are also tasked with the legal responsibilities of administering their estate. In these situations, it is essential for personal representatives… Read More »
Is It Possible To Override A Power Of Attorney?
There are times when someone may need to override or challenge a Power of Attorney. There may be several reasons for challenging a power of attorney, one of them being that the agent does not act in the best interests of the principal. If your loved one has a power of attorney and you… Read More »
6 Warning Signs That Power Of Attorney May Be Abused
Power of attorney (POA) is a legal document that allows one person to act on behalf of another person. It is often used to empower a family member or a trusted friend to make financial or medical decisions for individuals who are unable to do so themselves. However, unfortunately, it is not uncommon for… Read More »
Are Probate Records Public?
Probate is the legal process by which one’s assets are distributed and affairs are settled after their death. One of the commonly asked questions about probate is whether the records are public. In Florida, probate proceedings can be complex and time-consuming, and it is important to understand the probate process and how it impacts… Read More »
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 »
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...