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EstPlan20

Contesting Beneficiary Designations In Florida

By Mark R. Manceri, P.A. |

If you were expecting to inherit from a family member or loved one, and had a reasonable basis on which to believe you were inheriting, it can be a strong indicator of fraud or other invalidating activities. If your inheritance was not what you expected, or you were surprised to learn that you were… Read More »

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Courtroom

Challenging A Conditional Bequest In Court

By Mark R. Manceri, P.A. |

Have you received a conditional request from a recently deceased loved one? Maybe it would help to understand what a conditional bequest is before answering. When an individual makes their will, they clearly state who they want all of their assets given to. These gifts made through wills are known as bequests. If a… Read More »

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Will12

Can I Contest A Will For Not Being Signed?

By Mark R. Manceri, P.A. |

Have you recently lost a loved one? If so, you may be experiencing the difficulties that come with mourning and processing upsetting probate news at the same time. No one wants to be focused on legalities and administrative issues while grieving the loss of a loved one, however, because of the way our probate… Read More »

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Question

What Is Tortious Interference With An Expected Inheritance?

By Mark R. Manceri, P.A. |

Few things are more difficult than losing a loved one, but some people are dealt a second blow on the heels of their mourning when they learn that they are no longer a beneficiary in their family member’s will. If you expected to be a beneficiary, it can be jarring to learn that significant… Read More »

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Legal35

What Is The Carpenter Presumption?

By Mark R. Manceri, P.A. |

The elderly are a particularly vulnerable population. Often, they are taken advantage of by individuals who hope to profit from their estate by inserting themselves into the elderly person’s life close to the end. This can come as a jarring realization to family members who expected to be beneficiaries, only to learn that they… Read More »

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ElderPlan

Can I Challenge A No Contest Clause In A Trust?

By Mark R. Manceri, P.A. |

After putting all the work into creating an estate plan, it is understandable that you would want to do everything you can to ensure that your wishes will be enforced as written and that your wishes will be honored. For this reason, many testators include no contest clauses in their trusts. No contest clauses… Read More »

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EstPlan23

What To Know About Contesting Inter Vivos Transactions In Florida

By Mark R. Manceri, P.A. |

Not all of a testator’s assets are always bequeathed after their death. In fact, many testator’s worry that their will or other aspects of their estate plan will be challenged in probate court. As a means of trying to get around that, they may give away assets and property during their lifetime to ensure… Read More »

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Probate3

Contesting A Creditor’s Claims In Probate Court

By Mark R. Manceri, P.A. |

Losing a loved one is often a tragic occurrence involving a mix of confusing emotions. However, for creditors, the death of your loved one may be seen as more of a free for all. If a lender or creditor is using the probate process as an excuse to file false claims of debt, you… Read More »

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EstateDispute

What We Can Learn From Habal V. Habal About Challenging A Revocable Trust

By Mark R. Manceri, P.A. |

If you have a revocable trust or have considered getting one, the primary motivation was likely the flexibility that a revocable trust grants you. Unlike other kinds of trusts, a revocable trust allows you to retain the power to change or modify the trust and its beneficiaries freely throughout your lifetime. In fact, this… Read More »

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Planning3

What Is The Standard Of Proof For Undue Influence In Florida

By Mark R. Manceri, P.A. |

Has your loved one been taken advantage of? This is often the case when it comes to undue influence cases. In matters of undue influence, individuals who share a confidential relationship with the victim, exploit the control that they have over the person, who is typically an elderly or vulnerable individual, in order to… Read More »

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