Author Archives: Mark Manceri
Can a Potential Beneficiary Contest a Still-Living Person’s Trust?
It is not uncommon for family members to express displeasure with changes to a loved one’s trust. In some cases, the disgruntled family member may even want to file a legal contest to a trust or its amendments. But when is that even permissible? Can anyone challenge a trust, even if the person who… Read More »
How Contractual Obligations Can Follow Your Trust or Estate After You Die
In general, you are free to make a will or trust free of outside restrictions. However, if you have previously entered into a legal contract where you agree to make certain provisions in your estate plan, the other party can turn around and sue your estate or trust if you did not hold up… Read More »
How Do You Prove “Undue Influence” in a Florida Court?
“Undue influence” is a type of fraud. Specifically, undue influence refers to a situation where one person effectively overrules the free will of another and effectively forces them to take some legal action. For example, a relative or aide might exercise undue influence to effectively coerce an elderly person into signing a will or… Read More »
How Failing to Follow the Rules Can Invalidate a Florida Will
One of the easiest ways to encourage a challenge to your will is not to observe the proper legal formalities. A last will and testament need not be a long, complicated document. But it does need to comply with certain basic legal requirements. Failure to comply can make it much easier for a disgruntled… Read More »
How an Unclear Gift in a Will or Trust May Lead to Probate Litigation
Sometimes estate and probate litigation is the result of a dispute over the validity of a deceased person’s actions. Other times, it is clear the decedent had the ability to act, but perhaps their intentions were unclear. And anytime there is ambiguous language in a will or trust, potential beneficiaries may initiate litigation simply… Read More »
Can My Child Sue My Estate If I Disinherit Them?
When making a will, you have a great deal of flexibility in deciding who will receive your property after you die. Many people like to keep things simple and leave most of their estate to their children. But there are situations where you may decide to leave your child nothing. At first this might… Read More »
How Do You Determine the Value of a Florida Probate Estate?
The famous musician Prince died in 2016. Yet even now in 2021, his probate estate remains in legal limbo. Prince died without leaving a will and his estate has six surviving siblings, who have spent the past four-plus years trying to sort out his estate. One of the key issues, according to a recent… Read More »
Important Factors to Consider When Choosing a Pompano Beach Trustee
When you are creating a Trust, you must choose at least one Trustee. They will handle the trust administration, make disbursements when required, and ensure they always have the beneficiaries’ best interests in mind. It’s not a decision to take lightly; otherwise, it could lead to disputes. Your trust’s beneficiaries may be forced to… Read More »
How to Remove a Florida Trustee
Choosing a Trustee is an important decision. It’s one that must be carefully made because this individual will be responsible for maintaining your trust assets and overseeing distributions of these assets in accordance with your instructions. If you choose a Trustee that ends up breaching their duties or is unqualified, the beneficiaries may want… Read More »
Testamentary Capacity at the Time of Execution
Courts are generally reluctant to invalidate Wills, unless a beneficiary or heir can provide proof of one of a few types of fraud, including forgery, undue influence, and a lack of testamentary capacity. Even when there is evidence of one of these kinds of fraudulent activities, a Court will only review allegations through 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...