Author Archives: Jay Butchko
What Is A Lady Bird Deed?
A common estate planning scenario involves a parent who wants to leave their home to their adult children without the need for probate. One option would be to create a revocable trust and transfer the home into said trust. But for people who do not want to bother with the time, expense, or ongoing… Read More »
How Do You End A Florida Guardianship?
When an adult is unable to make personal or financial decisions due to a mental or physical disability, a Florida court can appoint a surrogate decision-maker known as a guardian. A guardianship is only necessary when there is no readily available alternative, i.e., the disabled adult did not have a power of attorney or… Read More »
How Does The Family Allowance Work In A Florida Probate Estate?
A formal probate proceeding often takes several months to complete. During this time, the decedent’s assets remain under the control of their estate. This can make it difficult for the decedent’s surviving spouse and dependents (i.e., children) to pay their basic living expenses. For this reason, Florida law authorizes the estate to pay a… Read More »
Marvel Lawsuit Against Artists’ Estate Highlights Issue Of Copyright After Death
Fans of the Marvel Cinematic Universe recently took note of a lawsuit filed by Marvel against the estates of several deceased comic book artists. The lawsuit was prompted by an obscure provision of U.S. law that allows authors–and their probate estates–to reclaim copyrights that were previously assigned to a third party. Marvel, a subsidiary… Read More »
What Leads To A “Rebuttable Presumption” Of Undue Influence In Procuring A Will?
A will is invalid if it can be proven that the document was procured by “undue influence.” The Florida Supreme Court has long held that there is a “rebuttable presumption” of undue influence when a “substantial beneficiary” of a proposed will had a “confidential relationship” with the testator and used that relationship to “actively… Read More »
What Is The Deadline For Someone To Claim An “Elective Share” Of Their Spouse’s Estate?
Florida law provides that the surviving spouse may claim an “elective share” of their deceased spouse’s estate, notwithstanding any contrary provisions in the decedent’s estate planning documents. In simple terms, a person cannot fully disinherit their own spouse. The elective share is equal to 30 percent of the “elective estate,” which includes not just… Read More »
How Do Florida Courts Deal With Inheritance Claims From “Illegitimate” Children?
Florida law makes no distinction between “legitimate” or “illegitimate” children when it comes to inheritance rights. Any biological child of a deceased individual has the same right to inherit from the parent’s estate if they died without leaving a valid will or trust. Of course, a parent is free to disinherit an adult child… Read More »
Do Probate Courts Resolve Disputes Over Life Insurance Policies?
A question we often get is, “Is my life insurance policy considered part of my estate?” In terms of a probate estate, the answer is usually “no.” Life insurance policies typically have a named beneficiary, such as a spouse of a child. Upon the insured person’s death, the insurance company will simply pay any… Read More »
How A Prenuptial Agreement Can Affect A Surviving Spouse’s Inheritance Rights
Prenuptial and postnuptial agreements often play a key role in probate litigation. Although most people associate such agreements with divorce, they also typically govern one spouse’s rights in the event of the other spouse’s death. For example, a prenuptial agreement may waive a spouse’s homestead rights under Florida law in the marital home. As… Read More »
The Law Governing Removal Of Trustees In Florida
When setting up a living trust, the settlor usually retains the right to appoint or remove the trustee during their lifetime. After the settlor’s death, a Florida judge can also remove a trustee for a number of reasons, including “unfitness” to serve. The judge may also consider the wishes of the trust’s beneficiaries 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...