Author Archives: Mark Manceri
What is Florida Inheritance Litigation?
Any legal dispute that arises over a Decedent’s assets could be classified as inheritance litigation. There are many reasons that disputes arise during probate administration. When a dispute does arise, and there’s a chance for inheritance litigation in Florida, you need to contact an experienced Pompano Beach estate & trust litigation attorney. Some people… Read More »
Personal Representative’s Duties and Determining Ownership of Assets in a Florida Probate
One of the duties a Personal Representative has in probate is to compile an inventory of the Decedent’s assets. They have to determine the asset’s correct ownership to know whether or not it needs to be included in the probate inventory. Depending on how an asset is titled, it may not need to go… Read More »
Marital Agreement Disputes in Pompano Beach Trust and Probate Matters
Marital Agreements include both Prenuptial and Postnuptial Agreements. These written contracts govern specific matters related to a couple’s financial situation and other relevant topics. A Prenuptial Agreement becomes effective once the couple is legally married, while a Postnuptial Agreement is one that is signed once the couple is already married. Disputes involving Marital Agreements… Read More »
3 Types of Cases a Pompano Beach Estate Litigation Attorney Handles
Some people mistakenly assume that estate litigation and estate planning are the same things. However, there are significant differences between these two areas of the law. Estate planning attorneys deal with helping you plan your Will, Trust, etc., while you are still alive. An estate litigation attorney specializes in handling the disputes that arise… Read More »
How to Determine Which Assets are Subject to Probate in Florida
During a probate administration, one of the most critical tasks is determining which assets will go through probate and which ones are non-probate assets. People can revisit their estate plans while still alive to remove certain assets that would’ve been handled under probate by changing the title or ownership. Because of this, disputes may… Read More »
What is the Elective Share in Florida Probate Law?
If you prepare your Florida estate planning documents on your own, you may assume that any property and assets you own are yours to do with as you want. That means leaving assets to whoever you wish to and deciding who does and does not inherit something. While this is essentially true, it’s not… Read More »
Differences Between Probate and Non-Probate in Florida
Even if you have a Will, not everything will pass through probate when you die. It’s important to understand how your Florida estate planning can ultimately affect your estate administration when you pass away. Assets that go through probate are ones that have no way to pass from a deceased person to a living… Read More »
How Undue Influence Affects Your Entire Estate Plan in Florida
When you are creating or updating your Florida estate plan, it should reflect your wishes. It should not involve any outside pressure or coercion. Florida law has established laws and procedures to prevent someone from using their influence to sway how someone else drafts their estate plan. Trying to force someone or influence how… Read More »
What is a Pour-Over Will in Florida, and is There a Risk of Conflicts?
Pour-over Wills are like other Wills, except they have only one beneficiary, which is a Living Trust. Essentially, the will “pours” your property over into a pre-arranged Trust upon your death. Your assets will be distributed according to the Trust’s plan. Your pour-over Will works in concert with your Revocable Trust. If the pour-over… Read More »
Questions to Ask When Hiring a Florida Estate Litigation Attorney
When a dispute erupts over a Trust or during a probate administration, it’s often between family members. That makes the argument even more emotionally challenging. Most people don’t want to argue or fight, especially with family members. However, watching the mishandling of a loved one’s financial affairs is not the time to stay quiet…. 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...