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Will10

The Legal Effects Of Making A New Will Vs. Making A Codicil

By Mark R. Manceri, P.A. |

It is not uncommon for people to change their Wills several times during their lifetimes. The common practice is to simply make a new will each time. But some people choose to amend an existing will instead. This is done by signing a separate legal document known as a Codicil. From a legal standpoint,… Read More »

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Planning4

What Is A Florida Guardianship Examining Committee?

By Mark R. Manceri, P.A. |

An adult guardian is someone appointed to exercise decision-making authority for an adult who is physically or mentally incapacitated. Guardianship is always a legal measure of last resort. A judge must consider any other available and less-restrictive option before appointing a guardian. To help safeguard the process, a Florida court will first appoint a… Read More »

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EstateDispute

How Settling an Estate Lawsuit Can Still Lead to Additional Legal Issues

By Mark R. Manceri, P.A. |

Estate and Trust litigation can be time consuming and expensive for the parties involved. Even when a dispute is settled, there may still be outstanding fees owed to the Personal Representative or Trustee. It is therefore important for all of the parties to be on the same page when it comes to such compensation… Read More »

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CoupleEstate

How to Administer a Small Estate in Florida When the Deceased Left No Will

By Mark R. Manceri, P.A. |

When a person leaves no Will, their heirs may be unsure of how to proceed when it comes to probate. Florida law provides for these Estates with no Wills, i.e. estates of intestate decedents. And a recent addition to the law actually makes it easier for heirs of smaller estates to administer their loved… Read More »

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Legal15

When Can You Remove the Personal Representative of a Florida Probate Estate?

By Mark R. Manceri, P.A. |

The Personal Representative is the person responsible for administering a Florida probate estate. Also known as an executor, the Personal Representative has a fiduciary duty to all of the beneficiaries of the Estate. Unless the Personal Representative is also the sole beneficiary, they must not put their interests above those of the other beneficiaries…. Read More »

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Legal11

What Do the Words “Per Stirpes” Mean in a Florida Will or Trust?

By Mark R. Manceri, P.A. |

If you read through a Will or Trust, you may see the Latin term “per stirpes” used when describing a beneficiary’s share. So what does this mean? Is it just an antiquated phrase used by probate lawyers? And is it something you need to think about as a potential beneficiary? By the Branch The… Read More »

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RetPlanning

Is “Eccentric” Behavior Proof of Undue Influence?

By Mark R. Manceri, P.A. |

It is not uncommon for family members to be shocked upon learning a loved one has left a significant part of their Estate to a non-family member. Such situations often give rise to complaints of “undue influence.” But suspecting undue influence is not the same thing as proving it. And even if the suspicions… Read More »

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LongTermPlan

Understanding Florida’s Presumption of Undue Influence

By Mark R. Manceri, P.A. |

In Florida, a Will is invalid if it is procured through “undue influence.” If a person objects to the probate of a Will on undue influence grounds, they bear the burden of proof. However, if a person (beneficiary) was both active in procuring the Will and is a substantial beneficiary of said Will, then… Read More »

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EstPlan22

How Choice of Law Can Affect Trust Litigation

By Mark R. Manceri, P.A. |

A Trust is a legal document that gives certain property a trustee, which must then be administered on behalf of certain beneficiaries. But if a legal dispute arises over the administration–or even the validity–of the Trust, what state’s laws actually apply to the interpretation and enforcement of the trust documents? Put another way, where… Read More »

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Couple_Will

How Does a Florida Estate Deal with Creditor Claims?

By Mark R. Manceri, P.A. |

Estate litigation does not always involve heirs of the deceased. Oftentimes there are disputes involving the creditors of the deceased as well. The Personal Representative is responsible for paying any valid creditor claims from the assets of the Estate. But what makes a claim valid? And what happens when there is not enough money… Read More »

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