Recent Blog Posts
Do Beneficiary Designations Override a Will?
Often people assume their will controls the distribution of all their assets. In practice, that is not always the case. A critical issue in estate litigation is whether beneficiary designations override the terms of a will. In Florida, the answer is often yes. Connect with a Pompano Beach estate litigation lawyer to learn more… Read More »
Should I Be Concerned If a Longtime Caregiver Became an Unexpected Beneficiary?
A recurring and emotionally charged issue in estate administration is when a longtime caregiver, whether a family member, neighbor, or paid aide, emerges as a significant or sole beneficiary of a decedent’s estate. For surviving family members, this can feel shocking and suspicious. The key issue is not whether a caregiver can inherit. Under… Read More »
Unexpected Hurdles for Out-of-State Personal Representatives and Beneficiaries
Under the best circumstances estate administration can hit roadblocks, and when personal representatives or beneficiaries live out-of-state, the process often becomes even more challenging. Without proper guidance, what may seem like a routine inheritance or fiduciary duty can quickly become a source of stress, delay, and unexpected legal hurdles. Speak with a Pompano Beach… Read More »
Rights of Surviving Spouses
Losing a spouse is an emotionally challenging experience, and dealing with the legal and financial matters that follow can be overwhelming. In Florida, surviving spouses are afforded specific rights to protect their financial security through what is known as the elective share. Speaking to a Pompano Beach estate litigation lawyer is key for spouses… Read More »
Financial Exploitation of the Elderly: Warning Signs and Legal Options
As individuals age, they may become more vulnerable to manipulation, fraud, or undue influence from people seeking to gain control over their assets. Because of this, financial exploitation of older adults is an increasingly serious concern across the country. The unfortunate reality is that exploitation is often carried out by someone the victim knows… Read More »
How Cognitive Decline Impacts the Validity of Estate Documents
When there is cognitive decline, questions may arise about whether estate documents are legally valid. In Florida, disputes involving diminished mental capacity are likely when family members suspect that a loved one did not fully understand the decisions they were making. You do not have to navigate a family disagreement on your own. A… Read More »
Procedural Pitfalls in Florida Probate: Lessons from a Recent Case
Estate litigation often involves more than simply determining who receives a loved one’s assets. Probate disputes are governed by strict procedural rules, and even a small delay or missed deadline can dramatically affect the outcome of a case. A recent Florida probate decision (Days v. Brown) illustrates how procedural timing and litigation strategy can… Read More »
Handling Disputes Over Joint Accounts and Beneficiary Designations in Florida
Families often expect the probate process to determine how assets are distributed. Yet many valuable assets, such as bank accounts, retirement funds, and life insurance policies, transfer outside of probate through joint ownership or beneficiary designations when someone passes away. While these tools are designed to simplify estate planning, they can also lead to… Read More »
What Happens When Someone Steals From an Estate?
It is expected that estates will be administered honestly and according to the law. Yet, unfortunately, estate theft and financial misconduct are not uncommon, particularly when a personal representative, trustee, or family member has access to estate assets. Stealing from a FL estate carries serious consequences and may give rise to both civil and… Read More »
Can a Person Be Both an Heir and a Beneficiary?
Confusion often arises around the terms heir and beneficiary. While they are sometimes used interchangeably in casual conversation, they have distinct legal meanings. In certain situations, a person can be both an heir and a beneficiary, but in others, they may be only one or neither. If you are part of a Florida estate,… 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...