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ElderLaw4

Professional Appointed Guardians in Florida May Need Better Oversight

By Mark R. Manceri, P.A. |

What is a Court Appointed Guardian? Courts appoint Guardians to children or incapacitated adults, called Wards. These Guardians make decisions on behalf of the Ward. Depending on the situation, the Guardian may have exclusive or partial control over the person’s financial and personal affairs. Who is Incapacitated? A person is incapacitated when a Court… Read More »

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Will7

How to Properly Revoke Your Will in Florida

By Mark R. Manceri, P.A. |

It is not uncommon for a person to wittingly or unwittingly have multiple Wills when they die. Perhaps they created a Will and then circumstances changed. They may have had a falling out in their family or perhaps one of the beneficiaries in the Will has since become independently wealthy. Life’s changes may prompt… Read More »

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EstPlan9

Breach of Fiduciary Duty

By Mark R. Manceri, P.A. |

Fiduciary relationships go beyond attorneys, personal representatives and trustees. The Florida Supreme Court ruled they don’t necessarily need to be legal relationships in order to have a fiduciary duty. They may also be relationships that are moral, social, domestic, or of a personal nature. When one party fails to uphold that confidential or fiduciary… Read More »

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FathSon

Guardianship Litigation – Appointment Of Guardian

By Mark R. Manceri, P.A. |

While it may be an unthinkable circumstance, you should always have a plan in place in the event you or your spouse becomes incapacitated. That is why it is best to plan for the appointment of a guardian now, so in the event of an untimely death or incapacitation, you will have a trusted… Read More »

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EstPlan11

How Far Must the Personal Representative of an Estate Go to Find the Deceased Person’s Creditors?

By Mark R. Manceri, P.A. |

Even though movies often cut straight from scenes of lawyers reading a will to scenes of the deceased person’s descendants reveling in their new-found fortune, the process is not quite so quick.  Before the beneficiaries of the will can receive the assets that their deceased relative has bequeathed to them, the will must go… Read More »

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Planning

Should You Name a Relative as Personal Representative of Your Estate?

By Mark R. Manceri, P.A. |

It is comforting to think about the money that you have worked hard to earn becoming a source of stability for your children and grandchildren, but it is not always easy to have frank conversations with your family about what will happen when you pass away. It is important, though, to start the discussions… Read More »

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ElderLaw2

How to Bequeath Money to a Non-Relative in Florida

By Mark R. Manceri, P.A. |

If you are looking for a book to read on the beach this holiday season, one could do worse than For Bread Alone, Mohamed Choukri’s memoir of his early life, before he learned to write and before he made the acquaintance of the literary-minded expatriates of Tangier, such as Tennessee Williams.  Choukri ran away… Read More »

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EstatePlan7

Common Problems and Solutions for Talking to Your Family About Your Estate Plan

By Mark R. Manceri, P.A. |

Issues related to inheritance can be a major source of family stress, and in the worst instances, can even lead to siblings becoming estranged for life.  All those hurt feelings left over from childhood that fester throughout life, the ones about which sibling gets saddled with the most unwanted responsibilities and which one Mom… Read More »

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EstatePlanning2

How to Leave Money to Your Children When They Cannot Handle Financial Responsibility

By Mark R. Manceri, P.A. |

If you are reading this post, it means that you have navigated to the website of an estate and probate law firm, which implies that you care about providing your children and their descendants with financial stability.  Your desire to give them financial stability motivates you to continue in a stressful job that limits… Read More »

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Will5

Who Inherits the Assets of a Person Who Dies Without a Will?

By Mark R. Manceri, P.A. |

Yes, you should write a will, even if you are young and healthy. When you have a will, your property is distributed according to your wishes, rather than the State of Florida applying the default options. If you have questions about what to write in your will or about how to collect assets that… Read More »

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