Recent Blog Posts
How an Alleged Breach of Fiduciary Duty Can Divide a Family Business
Going into business with family members is often fraught with peril. Issues regarding succession are often particularly tricky. Indeed, many family-owned businesses end up struggling–and often outright failing–because of legal disputes that arise when ownership must be transferred from one relative to another. Sisters-in-Law Battle Brother-in-Law in Court A recent decision from the Florida… Read More »
Does a Divorce Affect a Florida Will I Signed Prior to My Marriage?
It is always a good idea to review and revise your estate plan when a major life event occurs. This includes marriage, the birth of a child, or divorce. Of course, Florida law provides for certain situations where a person might inadvertently fail to update their will. For example, there is what is known… Read More »
The Importance of Taking a Consistent Position in Probate Litigation
There is a principle in civil litigation known as judicial estoppel. The basic idea is fairly simple to explain. Basically, if you take a position during a lawsuit, you cannot take a conflicting or contradictory position later in the same case. Even if your new position has merit, the court can hold the party… Read More »
Florida Judge Rejects Children’s Attempt to Disinherit Father Under “Slayer Statute”
It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will… Read More »
When Do Married Couples Own a Bank Account as “Tenants by the Entirety”?
Married couples in Florida often acquire and hold property as “tenants by the entirety.” This is a form of joint ownership. Essentially, each spouse owns a whole, indivisible interest in the underlying property. When one spouse dies, the survivor continues as sole owner. As neither spouse ever owned the property in their sole name,… Read More »
What Are the Factors in a Florida “Undue Influence” Claim?
When family members end up in litigation over a loved one’s estate, there is almost always an accusation of “undue influence.” This is a legal concept used to describe a situation where the recipient of property abused a confidential relationship with the grantor in order to obtain title. According to the Florida Supreme Court,… Read More »
Can Someone Else Sign a Change of Beneficiary Form on Your Behalf?
Federal Judge Rules Notary Could Not Sign Form for Blind Woman A document signed by a notary on behalf of a disabled person may still be invalid if the underlying form does not permit such an action. A recent decision from a federal judge in Fort Myers, Pruco Life Insurance Company v. Howen, provides… Read More »
Do Adopted Children Inherit from Their Birth Parents?
From a legal standpoint, a legally adopted child is treated no differently than a person’s biological offspring. For example, say Mary has two children, George and Stephanie. George is Mary’s natural-born son, while Stephanie was adopted at birth. If Mary died without leaving a Will, under Florida intestate succession law both George and Stephanie… Read More »
When Is an Accident Not an “Accident” Under a Life Insurance Policy?
For many Florida residents, life insurance is a crucial part of their estate plan. Life insurance is often the primary means a person has of ensuring financial security for their family if they die suddenly and unexpectedly. One reason for this is that life insurance is payable to a named beneficiary, so it can… Read More »
Can a Florida Probate Court Appoint Someone Other Than a Spouse as Personal Representative?
In making a will, you have the opportunity to nominate someone to serve as the personal representative of your probate estate. For the most part, you can appoint anyone you wish to serve in that role. Florida law bars certain classes of people from acting as a personal representative, including minors and anyone convicted… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...