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Testamentary Capacity In Florida Estate Planning

By Mark R. Manceri, P.A. |

Making a will, trust, or any other estate plan documents requires the person to be of sound mind. Determining how assets will be distributed after death is a decision that many people take seriously, so it’s important that estate planning documents be prepared only when the testator (the person signing the will) is mentally… Read More »

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Avoiding Conflicts Of Interest With Powers Of Attorney In Florida

By Mark R. Manceri, P.A. |

A power of attorney is an excellent way to make sure that an elderly relative’s financial and healthcare needs are met when they are no longer able to. However, with great power comes great responsibility. Agents holding the power of attorney have significant responsibilities towards the principal – the person who signed the power… Read More »

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Understanding Undue Influence

By Mark R. Manceri, P.A. |

The elderly are unfortunately very vulnerable to undue influence. Undue influence occurs when the will of an elderly individual is overpowered by the influence of another person, who usually has power or control over them, in order to get them to change their will or another testamentary document for the benefit of the influencer…. Read More »

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Irrevocable Vs. Revocable Trusts

By Mark R. Manceri, P.A. |

Trusts are an incredibly effective legal tool in your estate planning toolbox. There are a number of kinds of trusts and understanding the benefits and drawbacks can help you determine what kind of trust best meets the needs of you and your family. These trusts fall into the categories of revocable and irrevocable. All… Read More »

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How Trusts Can Help You Avoid Probate

By Mark R. Manceri, P.A. |

Probate is a period during which an individual’s estate is settled and distributed after their death. Probate can be a rather long process, which can take several months or even over a year in some cases. During probate, possible beneficiaries also have the opportunity to challenge the validity of the will. The more challenges… Read More »

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Understanding Probate In Florida

By Mark R. Manceri, P.A. |

If you have started thinking about estate planning, you may be feeling a bit overwhelmed. There are many aspects to estate planning, and the ones that are important for you to focus on depend on your specific situation. It can be hard to figure out where to invest your effort or even where to… Read More »

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Can You Condition A Trust Distribution On Your Child Getting Divorced?

By Mark R. Manceri, P.A. |

It is not unusual to place certain conditions on an inheritance. For example, you might include language in your will stating a child will not receive their full inheritance until they reach the age of 25. Or perhaps you create a trust that states certain funds can only be used to pay for your… Read More »

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The Importance Of “Survivorship” In Administering A Florida Probate Estate

By Mark R. Manceri, P.A. |

There are certain situations where two or more related individuals, such as spouses, may die at the same time. How does this affect the administration of their estates? Does it legally matter who died first chronologically? Let’s first address why “survivorship” matters in a probate context. Most wills contain language requiring a named beneficiary… Read More »

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Does A Judge Have To Give Reasons For Their Ruling In Probate Litigation?

By Mark R. Manceri, P.A. |

When people typically think of litigation, they think of a jury trial. But in practice, most probate litigation does not involve a jury at all. Indeed, if we are talking about something like a will contest, there is no right to a jury trial in the first place. These disputes are heard and disposed… Read More »

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Is “House Fraud” A Major Problem In The Florida Probate System?

By Mark R. Manceri, P.A. |

Having an estate plan is always a good idea, but it is especially important if you own your home or other real property. While intestate succession law determines who inherits your property in the absence of a will, you need to consider the possibility that someone might try to take advantage of the situation… Read More »

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