Recent Blog Posts
Assessing Joint Accounts
Many people believe that being listed on a parent’s bank account automatically means they inherit everything in that account. In some cases, that is true. But the legal outcome depends on how the account was established and the intent behind the arrangement. Some accounts are created with rights of survivorship. In these situations, ownership… Read More »
Did the Parent Intend a Gift, or Is There More to Know?
Disagreements can arise when someone claims that an asset was meant to be a gift. Whether the asset is money, jewelry, a vehicle, real estate, or another valuable possession, questions surrounding intent can quickly lead to estate disputes. In Florida, determining whether something was truly intended as a gift or should remain part of… Read More »
Hidden Financial Abuse Inside Guardianships
Guardianships are designed to protect vulnerable individuals. Whether due to age-related conditions, disability, or incapacity, the person under guardianship relies on a court-appointed guardian to act in their best interests. Most guardians take this responsibility seriously and work diligently to safeguard the assets and well-being of their loved one or ward. Unfortunately, not every… Read More »
Was the Account Truly Joint Ownership?
Not all jointly held accounts are created equal. In Florida estate litigation, determining who actually owns a financial account after someone passes away may require a close examination of account documents, the account’s purpose, and the intentions of the individuals involved. What appears straightforward at first glance can quickly become a complicated legal issue…. Read More »
Suspicious Last-Minute Will Changes Before Surgery or Hospitalization
Revisiting estate plans before a major surgery or hospitalization is not uncommon. Facing a significant medical procedure often prompts individuals to ensure their affairs are in order, and updating a will or trust may be a perfectly reasonable decision. But when substantial changes to an estate plan occur during periods of serious illness, heavy… Read More »
Was There Really a Favorite Child?
Few estate disputes are more charged than those involving a so-called favorite child. After a parent passes away, it’s not uncommon for one sibling to believe another received preferential treatment, especially if that child became heavily involved in the parent’s financial affairs during the final months or years of life. Sometimes those suspicions are… Read More »
Good Intentions Do Not Eliminate a POA’s Legal Responsibilities
In many Florida families, a trusted adult child, sibling, or close friend is named as an agent under a power of attorney (POA). While many people step into this role with good intentions, problems can still arise when a POA exceeds their authority. Disputes involving powers of attorney are more common than many realize…. Read More »
Types of Undue Influence Evidence That Strengthen a Claim
Sudden, out of character, changes to an estate plan can lead to tough questions. In Florida, one of the most common grounds for challenging a trust or will is a situation where someone exerts pressure over a vulnerable person to benefit themselves. While the concept may sound straightforward, proving it requires evidence. Talk to… Read More »
Trust Amendments and Litigation
Trusts are created to make estate planning smoother, protect assets, and reduce family conflict after a loved one passes away. But even with careful planning, disputes can still happen, especially when trust amendments enter the picture. In FL estate litigation cases, trust amendments are a common source of confusion, frustration, and legal action. A… Read More »
Can Social Media Be Evidence in an Estate Dispute?
Text messages, emails, Facebook posts, online banking activity, and other electronic records are increasingly becoming important pieces of evidence in Florida probate and estate disputes. These digital records may reveal whether someone experienced undue influence, lacked mental capacity, or whether assets were hidden or improperly transferred. Uncovering this type of information can feel overwhelming… 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...