Author Archives: Jay Butchko
4 Steps to Remove a Trustee in Florida
When a Trust is created, a Trustee is appointed to manage the Trust assets according to the terms of the Trust and in the best interests of the beneficiaries. But what happens if the Trustee isn’t living up to that responsibility? Can they be removed? The short answer is yes. Under Florida law, a… Read More »
How to Prove Someone Took Advantage of Your Loved One
If you are in a situation where the contents of a will or trust seems suspicious, you may wonder if someone manipulated your loved one into changing their estate plan or if they were pressured when they were vulnerable or ill. These concerns may point to a legal issue known as undue influence, a… Read More »
What to Do When a Personal Representative Keeps You in the Dark
It’s common for beneficiaries to grow frustrated when months go by without updates or when they suspect an estate is being mishandled. If you’re a beneficiary of an estate and feel like the personal representative is withholding information, you’re not alone. Fortunately, Florida law offers clear protections for beneficiaries, and you have legal options… Read More »
Warning Signs of Undue Influence and Your Legal Options
Creating or updating a Will or Trust is a way for a person to make decisions that reflect their true intentions. While this is typically the case, in some situations undue influence can compromise the integrity of an estate plan. In Florida, proving undue influence can be challenging, but a Pompano Beach estate litigation… Read More »
What You Need to Know About the Florida Probate Code
The Florida probate process is a legal procedure for settling debts and distributing assets. Many are unfamiliar with the ins and outs of the process, but when a loved one passes away, heirs need to learn quickly as probate is part of how an estate is settled. Talk to a Pompano Beach estate litigation… Read More »
Dangers of Do-It-Yourself Wills
Often people turn to DIY will templates or online services to handle their estate planning. While these options seem convenient and affordable, they can lead to headaches later. Incomplete estate plans can prompt legal disputes after a person’s passing. In Florida, improperly drafted estate plans have triggered costly and time-consuming court battles, leaving families… Read More »
What Happens When a Guardian Abuses Their Power?
People who are appointed to protect the interests of individuals who cannot care for themselves, such as elderly adults or those with disabilities, are referred to as guardians. While many guardians act in good faith, some take advantage of their position, misusing their authority for personal gain. When this happens, it can leave vulnerable… Read More »
When Siblings Clash Over a Will
Losing a parent is emotionally difficult, and when siblings disagree over a Will, the situation can become even more distressing. Disputes over inheritance are common in Florida, where many retirees leave behind significant assets. When these conflicts arise, the courts may play a critical role in resolving them fairly. When you need legal guidance,… Read More »
Steps to Take When Guardians Misuse Their Authority
Guardianship is meant to protect vulnerable individuals who can no longer manage their own affairs. This authority could be put in place due to age, illness, or disability. But while many guardians act in their ward’s best interests, some misuse their authority, leading to financial exploitation or neglect. If you suspect a guardian of… Read More »
Answers to Questions About Florida’s Trust Code
Florida’s Trust Code plays a crucial role in estate planning and administration. Whether you are a trustee, beneficiary, or someone creating a trust, understanding the key aspects of Florida’s trust laws can help you protect your interests and navigate potential legal challenges. If you have questions or concerns, consult a knowledgeable Pompano Beach estate… 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...