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ElderPlan

Can a Surviving Unmarried Partner Assert Any Rights in a Florida Probate Estate?

By Mark R. Manceri, P.A. |

Florida law confers a number of legal rights on the surviving spouse of a deceased individual. For example, a surviving spouse has priority to be named personal representative of the deceased spouse’s estate, assuming there is no will naming someone else to serve in that role. And even when there is a will, the… Read More »

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ProbateMoney

Are Florida Wrongful Death Awards Subject to Probate?

By Mark R. Manceri, P.A. |

When someone dies as the result of the negligent or intentional act of another, the personal representative of the victim’s probate estate may file what is called a wrongful death lawsuit against the responsible parties. Wrongful death is a special type of personal injury claim created by Florida law. And while the victim’s estate… Read More »

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Inherit

Does a Child Conceived After the Father’s Death Have Inheritance Rights?

By Mark R. Manceri, P.A. |

In vitro fertilization (IVF) allows couples who have difficulty conceiving a child on their own to successfully become pregnant. The IVF process allows donor parents to store sperm and egg samples for later conception. But this can also raise some interesting probate questions when those samples are used to conceive a child after the… Read More »

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Lit2

What Happens to a Florida Homeowners Mortgage After They Die?

By Mark R. Manceri, P.A. |

Florida has some of the strongest homestead protections in the country. This means that unsecured creditors generally cannot force you to sell your primary residence to satisfy a debt. But this protection does not cover a secured debt such as a mortgage. Obviously, if you fail to make your mortgage payments, the lender can–and… Read More »

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EstateWill

Can a Florida Probate Estate Enforce Inheritance Rights Under Non-U.S. Laws?

By Mark R. Manceri, P.A. |

Because Florida is home to many non-U.S. citizens, and many non-citizens own property in the state, it is not uncommon for foreign laws affecting inheritance rights to intersect with Florida’s probate system. Such cases can raise complex issues of law. And in many cases, Florida courts must look to and enforce the law of… Read More »

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ProbateEstate

Can a Non-Beneficiary Try to Reopen a Florida Probate Estate?

By Mark R. Manceri, P.A. |

A person may execute several different wills during their lifetime. Indeed, one reason we refer to a document as a “Last Will and Testament” is that, at the time of execution, it represents the testator’s final wishes. Typically, a Florida will contains language making it clear that this document revokes any prior wills the… Read More »

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FinanPlan

Can a Florida Probate Court Dismiss a Personal Representative Without Giving Proper Notice?

By Mark R. Manceri, P.A. |

Serving as the personal representative of a Florida probate estate is a significant responsibility. Among other things, the personal representative owes a fiduciary duty to the heirs of the estate to complete the administration of the estate in a timely manner. And the probate court can–and will–remove a personal representative who fails to carry… Read More »

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LookingOverDocument

When Will a Florida Court Decline to Hear a Case Involving a Foreign Estate?

By Mark R. Manceri, P.A. |

Florida is a second home for many people. This can present certain complications when it comes to probate litigation. For example, if there are rival probate proceedings initiated in Florida and another state or country, who has jurisdiction? Normally, Florida has jurisdiction over any probate property located within the state, such as real estate…. Read More »

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LotteryWinnings

Do You Need to Create a Trust If You Win the Lottery?

By Mark R. Manceri, P.A. |

The popularity of multi-state lottery games has led to increasingly higher and higher jackpots. Mega Millions, which is played in 46 states, the District of Columbia, and the U.S. Virgin Islands, recently awarded a $1.602 billion jackpot on a ticket purchased right here in Florida. Although curiously, media reports identified the “winner” as a… Read More »

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TrustDocuments

Can You File a Civil Lawsuit on Behalf of a Financially Exploited Relative?

By Mark R. Manceri, P.A. |

If you suspect that someone–maybe even a relative–is financially exploiting a family member, it is understandable that you want to take some legal action to help. But you should always consult and work with an experienced Florida undue influence lawyer who can review the case and advise you if you have standing to prosecute… Read More »

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