Author Archives: Mark Manceri
Removing a Personal Representative from a Pompano Beach Probate
The Personal Representative, is supposed to perform their duties and always act in the estate’s best interest and beneficiaries. What happens when this person is not doing their job? In some cases, they made genuine mistakes while other times they are acting intentionally. Either way, it’s still a breach of their fiduciary duty and… Read More »
What are Probate and Non-probate Assets in a Pompano Beach Estate
Distinguishing between probate and non-probate assets is an integral part of estate administration. This can be a time-consuming process for an executor or personal representative. Confusion over assets can also cause disputes between heirs and beneficiaries, requiring the assistance of a Pompano Beach probate vs. nonprobate assets attorney. When you are drafting or updating… Read More »
How does a Will Revocation work in Florida?
It’s pretty standard for someone to draft a Will and want to change it down the line. They may request to change it a few months from now, or it may be years later. In some situations, they may want to cancel the Will entirely and draft a new one. If the initial Will… Read More »
What to Do in a Florida Probate When a Family Member was Financially Exploited?
It’s terrifying when you suspect that someone in your family is the victim of financial exploitation. What happens when you confirm this fact after they pass away? You may be in the middle of a probate administration and suddenly become aware of how manipulated they were. That is when you need to contact an… Read More »
The Process of Challenging a Pompano Beach Trust
Many people are familiar with contesting a Will, but challenging a Trust can also happen. Challenging a Trust can be similar to challenging a Will in some ways, but it is not easy. In fact, it can be quite difficult to challenge a Trust successfully. If you believe you have a valid reason for… Read More »
How to Prove Undue Influence in a Pompano Beach Estate
Sadly, some people look for ways to take financial advantage of others. This is not an uncommon situation when the elderly are involved. People indoctrinate themselves with older people with larger estates in hopes of benefiting financially through their Wills. Sometimes it is a new personal relationship or an existing one like a healthcare… Read More »
Differences Between Voluntary and Involuntary Guardianships in Florida
A guardian is someone the Court appoints to make decisions for a child or an incapacitated adult. The person who needs a guardian is known as a Ward. A guardianship position carries a great deal of responsibility as their decisions affect the Ward’s financial and personal affairs. The appointment of a guardian can be… Read More »
What Is Florida’s Intestate Law?
When someone passes away without a Will or any other estate planning documents like a Trust, their estate would be handled under Florida’s intestate law. This is essentially a default tool for distributing property when the decedent didn’t leave any instructions behind. There are specific rules that designate who is entitled to any proceeds… Read More »
Common Mistakes When Drafting a Florida Will
Deciding to create a Law Will and Testament could be one of the most important decisions you make. If you are going to go through the time and expense to prepare one, you want to make sure it’s right. Mistakes can result in problems when you pass away. That can also mean significant disputes… Read More »
Inheritance Tax versus Estate Tax
Sometimes you may hear people use inheritance tax and estate tax as the same thing, but they are slightly different. Inheritance taxes are the responsibility of the individual heirs. The estate tax is what the estate owes, and it must be paid before any heirs receive proceeds. The estate’s Personal Representative is the one… 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...