Author Archives: Jay Butchko
Do Florida Probate Estates Need to Worry About Estate Taxes?
If you are a Florida resident thinking about their long-term estate planning, or the recently named personal representative of a Florida probate estate, you may be wondering about the potential impact of the estate tax, a/k/a the “death tax.” Will the estate have to make a massive tax payment to the federal government? And… Read More »
Do You Have to Comply With Your Own Rules for Amending Your Trust?
Under Florida law, the settlor of a revocable trust can revoke or amend said trust at any point during their lifetime. The trust instrument itself may specify a method for revoking or amending the trust. In such cases, Section 735.0602 of the Florida Statutes requires “substantial compliance” with that method in order for the… Read More »
What Happens When a Personal Representative or Trustee Fails to Follow a Florida Probate Court’s Orders?
When someone agrees to serve as the personal representative of a Florida probate estate, they assume certain legal obligations. This includes following any orders or directions given by the probate court. Failure to follow the court’s orders can lead to the personal representative’s removal and potential liability for breach of fiduciary duties. Florida Judge… Read More »
3 Ways a Florida Revocable Trust Will Not Protect You
Revocable trusts are commonly used in Florida estate planning as a means of shielding certain assets from the probate process. The basic idea behind a revocable trust is that you give certain assets to a trustee–who can be yourself during your lifetime–and that when you die, a successor trustee may continue to administer or… Read More »
What Actions Qualify as “Revoking” a Florida Will?
A last will and testament only becomes “final” when the testator dies. While they are still alive and legally competent, they can revoke their will at any time. The most common method of revocation is by writing. Typically, when someone executes a new will, it includes language expressly revoking any previous wills. But Florida… Read More »
How Do You Appraise the Value of a Florida Probate Estate?
The personal representative (executor) of a Florida probate estate must fulfill many duties under the law. One of them is to properly inventory the estate. Essentially, this means gathering all of the property that belonged to the decedent–and is not exempt or excluded from probate–and file a list with the court listing each asset… Read More »
How Are Non-Probate Assets Distributed in Florida
When a Florida resident dies, an estate may be opened to dispose of any probate assets they owned. Note the qualified “probate assets.” A person may have owned or controlled a substantial amount of property during their lifetime yet left no probate assets for their estate. The reason this is possible is that there… Read More »
When Does a Fiduciary Duty Exist Under Florida Law?
A common cause of trust and estate litigation in Florida is breach of fiduciary duty. A fiduciary duty means that one person has a legal obligation to act in a way that will benefit another person financially. To give a simple, non-probate example, the director of a business corporation has a fiduciary duty to… Read More »
Can Florida Probate Courts Settle Disputes Over Real Estate Ownership?
One of the main functions of probate in Florida is to ensure any creditors of the deceased are paid. A creditor must file a claim against the estate. The personal representative can then pay or object to the claim. Son Pursues Quiet Title Claim Against Late Mother’s Probate Estate Although claims against the estate… Read More »
How a Marital Settlement Agreement Can Affect Your Will–Even Decades Later
A Florida resident is generally free to determine the terms of their own will. They can, for instance, choose to disinherit their adult children if they wish. But a person may also enter into a legally binding contract that subsequently affects the terms of their will. For example, a prenuptial or postnuptial agreement might… 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...