Author Archives: Jay Butchko
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 »
What Are The Three Types Of Will-Related Fraud?
If you suspect that there was fraud involved when your loved one’s will was created, you might have grounds to contest the document. However, it is important to know the types of fraud that can be used as grounds for contesting someone’s will. Knowing how to proceed with contesting a will can help you… Read More »
What’s The Difference Between Undue Influence And Lack Of Capacity In Estate Litigation?
Estate litigation is a complex process, and understanding the nuances of undue influence and lack of capacity can make all the difference. It is not uncommon for interested parties, including beneficiaries, to challenge the validity of a will or trust based on undue influence or lack of capacity. Below, we will discuss what constitutes… Read More »
4 Tips For Personal Representatives Dealing With Creditor Claims After The Decedent’s Passing
When someone passes away, their personal representative must pay any remaining debts and taxes before they can distribute the decedent’s assets to the beneficiaries. This means that creditors may come forward with claims against the estate of the decedent. It is important for a personal representative to understand what steps should be taken when… Read More »
What’s The Difference Between An Executor, Administrator Ad Litem, And Trustee?
If you are involved in estate litigation, it is important to understand who is responsible for what when administering a deceased loved one’s estate and trusts. Depending on the specific case, different titles such as executor, administrator, and trustee may be used. Below, we’ll provide an overview of these roles and explain what makes… 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...