Author Archives: Mark Manceri
Understanding Probate In Florida
If you have started thinking about estate planning, you may be feeling a bit overwhelmed. There are many aspects to estate planning, and the ones that are important for you to focus on depend on your specific situation. It can be hard to figure out where to invest your effort or even where to… Read More »
Can You Condition A Trust Distribution On Your Child Getting Divorced?
It is not unusual to place certain conditions on an inheritance. For example, you might include language in your will stating a child will not receive their full inheritance until they reach the age of 25. Or perhaps you create a trust that states certain funds can only be used to pay for your… Read More »
The Importance Of “Survivorship” In Administering A Florida Probate Estate
There are certain situations where two or more related individuals, such as spouses, may die at the same time. How does this affect the administration of their estates? Does it legally matter who died first chronologically? Let’s first address why “survivorship” matters in a probate context. Most wills contain language requiring a named beneficiary… Read More »
Does A Judge Have To Give Reasons For Their Ruling In Probate Litigation?
When people typically think of litigation, they think of a jury trial. But in practice, most probate litigation does not involve a jury at all. Indeed, if we are talking about something like a will contest, there is no right to a jury trial in the first place. These disputes are heard and disposed… Read More »
Is “House Fraud” A Major Problem In The Florida Probate System?
Having an estate plan is always a good idea, but it is especially important if you own your home or other real property. While intestate succession law determines who inherits your property in the absence of a will, you need to consider the possibility that someone might try to take advantage of the situation… Read More »
What Happens When A Trustee Needs To Recover Property Wrongfully Taken From A Florida Trust?
One function of the personal representative of a probate estate or a trustee for a trust is taking legal action to recover property that was wrongfully taken from either. A trustee, for example, has a fiduciary duty to the beneficiaries of the trust to ensure that trust assets have not been misappropriated. This may… Read More »
How The Rules For Compensating Personal Representatives And Trustees Can Differ Under Florida Law
A person serving as the personal representative of a probate estate or the trustee of a trust is normally entitled to reasonable compensation for their services. In some cases, a person may serve in both roles and be entitled to compensation in each capacity. But the rules governing such compensation may differ depending on… Read More »
What Happens When Multiple Wills Are Filed With A Probate Court?
One thing that can trigger litigation in an estate is the purported existence of multiple wills. This can happen because a person signed a new will without first destroying the prior will. Or it may simply be a case where someone is presenting a document as a superseding will even if it appears to… Read More »
What Are The Limits Of A Florida Financial Power Of Attorney?
There is sometimes a misunderstanding about the scope of a Florida Power of Attorney (POA). Some people think signing a POA means giving another person absolute and complete control over their lives. But a POA only grants as much–or as little–power as the principal wishes. Indeed, some POAs are limited to performing a specific… Read More »
Has COVID-19 Led More People To Make Wills?
The COVID-19 pandemic has led many people to reassess various aspects of their lives. This includes estate planning. According to one recent survey, people who have suffered from a serious case of COVID are far now more likely to have a written will and other estate planning documents. This survey came from Caring.com, a… 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...