Author Archives: Jay Butchko
Who Is a “Reasonably Ascertainable” Creditor of a Florida Probate Estate?
Florida probate rules impose strict time limits on the filing of creditor claims. That is, anyone who claims the deceased owed them money must file a written claim with the personal representative of the decedent’s estate within a certain period. This deadline is either 3 months from the date a notice to creditors is… Read More »
What Is Undue Influence?
In the realm of estate planning, understanding undue influence is crucial. Whether you are drafting an estate plan or are in the process of distributing assets, undue influence can derail the intentions of the person creating the will, who is referred to as the testator, and lead to significant legal disputes. Recognizing the signs… Read More »
5 Situations Leading to Guardianship in Florida
Guardianship is a legal arrangement in which a court appoints an individual or entity to make decisions for someone who is unable to manage their own affairs. While guardianship provides crucial support in certain circumstances, it is a significant legal step. Having a full understanding of when guardianship might be appropriate, who can serve… Read More »
How Do You Prove “Testamentary Capacity” in Florida?
You often hear the phrase “of sound mind” associated with the signing of a last will and testament. As a matter of law in Florida, a person must have what is called “testamentary capacity” to execute a will. Such capacity is often described as being “of sound mind.” In practice, testamentary capacity generally requires… Read More »
When Can a Florida Personal Representative File a Lawsuit on the Estate’s Behalf?
The personal representative (executor) of a Florida probate estate has a number of responsibilities. One of them is initiating any legal action on behalf of the decedent’s estate. This includes any claims the deceased would have brought had they not died. Of course, before a personal representative can take such action, they must first… Read More »
When Is a Curator Necessary for a Florida Probate Estate?
Under Florida law, a personal representative is the person responsible for administering a probate estate. There are, however, situations where someone may need to take temporary charge of the estate until a personal representative can be appointed. This can include a scenario where there is a disagreement between family members over who should serve… Read More »
Can the Settlor of a Trust Gift the Trust Property Back to Herself?
A revocable trust is one where the settlor–the person who created and funded the trust–has the right to revoke the trust at any point during their lifetime. Revocation is not all-or-nothing. It is possible to partially revoke a trust. For example, the settlor can remove certain assets from the trust, returning legal title to… Read More »
How Can a Florida Premarital Agreement Affect Your Future Probate Estate?
Premarital agreements–prenups–are often associated with divorce. But a prenup can also address what will happen to a couple’s assets when either of them dies during the marriage. That is why it is important to understand the law surrounding premarital agreements here in Florida and how it can affect your future probate estate. What Is… Read More »
Not All Trusts Are Equal: 4 Different Types of Florida Trusts
In broad terms, a trust is a legal arrangement where a grantor transfers certain property to a trustee, who then holds and administers that property for the benefit of a beneficiary. Florida law recognizes many different types of trusts. Each trust has its own unique characteristics, benefits, and potential drawbacks. Here are four of… Read More »
Does the Attorney-Client Relationship Survive the Client’s Death?
In general, when you authorize a person to act on your behalf, that authorization will end if you die. For example, if you sign a power of attorney designating someone to serve as your agent, your death automatically terminates that relationship. Similarly, if a Florida court appoints a person to act as guardian for… 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...