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EstPlan20

What Does Decanting a Trust in Florida Mean?

By Mark R. Manceri, P.A. |

Have you created an irrevocable trust in Florida? Was this done recently, or was it done years ago? If you created it prior to 2007, an irrevocable trust was just that, irrevocable. This means it could not be revoked or changed in any way. However, the answer on whether an irrevocable trust can be… Read More »

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Planning2

Florida Power of Attorney Disputes

By Mark R. Manceri, P.A. |

When someone creates their estate plan, it can be an emotional process. Especially because the decisions you make during this process can cause problems down the line between family members. People may challenge your decisions on how you opted to allocate your assets, or they may question your choices on who is managing your… Read More »

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Legal5

Understanding Testamentary Capacity in Florida Estate Litigation

By Mark R. Manceri, P.A. |

Someone who executes a will is known as the testator. In order to legally execute a will, he or she needs to possess a certain level of mental ability at the time it is prepared. The legal term for a person’s mental ability to make a will is known as testamentary capacity. There are… Read More »

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EstPlan13

What Happens if You Breach Your Fiduciary Duty in a Florida Probate?

By Mark R. Manceri, P.A. |

If you are named an executor of someone’s estate, or you are the trustee for someone’s trust, you have to obey something known as a fiduciary duty. This means you have a legal obligation to act in the best interest of the beneficiaries of the trust or will. For example, to better understand this… Read More »

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Will7

What are an Agent’s Duties under a Florida Power of Attorney?

By Mark R. Manceri, P.A. |

A power of attorney is an extremely powerful document and is commonly included as part of a Florida estate plan. With great power also comes risk. Some people abuse their power and cause harm to the very person they are supposed to be protecting. Abuse of power can take many forms and encompass a… Read More »

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EstPlan17

Does a Ward in Florida have the Right to Marry?

By Mark R. Manceri, P.A. |

Do you have a family member who is a “ward” under a guardianship and wants to get married? It’s understandable that you want to protect your loved ones from exploitation and abuse, especially if the Ward is elderly, but it’s also important to understand that the ward doesn’t want to sacrifice their fundamental rights… Read More »

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EstatePlan5

Common Misconceptions about How Probate Works in Florida

By Mark R. Manceri, P.A. |

It’s understandable that you may not know much about how the probate process works in Florida. Unless you’ve had someone close to you die or have been named as the Personal Representative in someone else’s estate, there is very little chance you’ve dealt with this legal process before. However, it’s still important that you… Read More »

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ElderLaw5

What Does a Personal Representative Do During the Probate of an Estate?

By Mark R. Manceri, P.A. |

Personal Representatives are individuals named in a Will to carry out the terms of the Will, subject to the requirements of Florida law. In certain circumstances, the can also be appointed by the Probate Court. This individual owes a fiduciary duty to the beneficiaries and creditors to manage the estate properly. This is similar… Read More »

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EstPlan20

Florida Now Allows Electronic Wills

By Mark R. Manceri, P.A. |

Florida recently passed the Electronic Documents Act (HB 409) that will take effect January 1, 2020. This law allows for electronic signatures, witnessing, and notarization of estate planning documents, including wills. Before the law goes into effective and questions arise, the Florida Department of State is working on specific procedures for the rollout and… Read More »

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PersRep

What Happens if There are Multiple Florida Wills in Probate?

By Mark R. Manceri, P.A. |

Wills are an important Florida estate planning tool. If you pass away, your will will help speed the probate process along by advising the court how you want your assets to be distributed. In most cases, this can be a smooth process. However, there are circumstances that make this more challenging. Children, deaths, multiple… Read More »

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