Author Archives: Jay Butchko
Does a Child Conceived After the Father’s Death Have Inheritance Rights?
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 »
What Happens to a Florida Homeowners Mortgage After They Die?
Florida has some of the strongest homestead protections in the country. This means that unsecured creditors generally cannot force you to sell your primary residence to satisfy a debt. But this protection does not cover a secured debt such as a mortgage. Obviously, if you fail to make your mortgage payments, the lender can–and… Read More »
Can a Florida Probate Estate Enforce Inheritance Rights Under Non-U.S. Laws?
Because Florida is home to many non-U.S. citizens, and many non-citizens own property in the state, it is not uncommon for foreign laws affecting inheritance rights to intersect with Florida’s probate system. Such cases can raise complex issues of law. And in many cases, Florida courts must look to and enforce the law of… Read More »
Can a Non-Beneficiary Try to Reopen a Florida Probate Estate?
A person may execute several different wills during their lifetime. Indeed, one reason we refer to a document as a “Last Will and Testament” is that, at the time of execution, it represents the testator’s final wishes. Typically, a Florida will contains language making it clear that this document revokes any prior wills the… Read More »
Can a Florida Probate Court Dismiss a Personal Representative Without Giving Proper Notice?
Serving as the personal representative of a Florida probate estate is a significant responsibility. Among other things, the personal representative owes a fiduciary duty to the heirs of the estate to complete the administration of the estate in a timely manner. And the probate court can–and will–remove a personal representative who fails to carry… Read More »
When Will a Florida Court Decline to Hear a Case Involving a Foreign Estate?
Florida is a second home for many people. This can present certain complications when it comes to probate litigation. For example, if there are rival probate proceedings initiated in Florida and another state or country, who has jurisdiction? Normally, Florida has jurisdiction over any probate property located within the state, such as real estate…. Read More »
Do You Need to Create a Trust If You Win the Lottery?
The popularity of multi-state lottery games has led to increasingly higher and higher jackpots. Mega Millions, which is played in 46 states, the District of Columbia, and the U.S. Virgin Islands, recently awarded a $1.602 billion jackpot on a ticket purchased right here in Florida. Although curiously, media reports identified the “winner” as a… Read More »
Can You File a Civil Lawsuit on Behalf of a Financially Exploited Relative?
If you suspect that someone–maybe even a relative–is financially exploiting a family member, it is understandable that you want to take some legal action to help. But you should always consult and work with an experienced Florida undue influence lawyer who can review the case and advise you if you have standing to prosecute… Read More »
Can a Florida Will Be Used to Administer a Non-Florida Estate?
Making a will is a matter of state law. Here in Florida, a resident must follow certain requirements to execute a valid will. This includes having the testator sign their will (or directing someone to sign it in their presence) and having at least two witnesses present to acknowledge and attest to that signing…. Read More »
Who Has Priority to Serve as Executor of a Florida Estate When There Is No Will?
While it is always a good idea to have a last will and testament, there are many reasons why a person might die with no will. For instance, if a young person dies suddenly in an auto accident, there is a decent chance they did not have the forethought to make a will. In… 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...