Recent Blog Posts
Do You Need Specific Language to Create a Trust in Florida?
A trust is a legal arrangement where a Settlor or Grantor transfers property to a Trustee. The trustee then assumes a fiduciary duty to administer the trust property in the interest of a beneficiary. In Florida estate planning, we often use trusts to hold and distribute property outside of the probate process. Indeed, trust… Read More »
What Is the Difference Between a Joint Account and a Convenience Account in Florida?
Normally, when you have a joint bank account with another person, you are both the legal owners of the account. Either of you can make deposits to, or withdrawals from, the account. And if either of you dies, the account automatically passes to the survivor outside of the probate process. But there are also… Read More »
What Acts Can an Agent Never Perform Under a Florida Power of Attorney?
A power of attorney allows you to grant another person–known as an “agent”–the right to take certain actions on your behalf. To give a simple example, you might sign a power of attorney granting your agent the authority to sell a piece of real estate you own. In estate planning, general durable powers of… Read More »
Can a Spouse Waiver Their Homestead Rights Under the Florida Constitution?
While Florida residents are generally free to distribute their property as they wish through a will or trust, there are some notable exceptions. For example, if a person is married, they are not allowed to “devise” their primary residence to someone other than their spouse. This is known as “homestead rights” and it is… Read More »
Is a Will Valid If It Is Handwritten?
In the age of computers, it is fairly uncommon to come across a legal document that is written out by hand. But it does happen. And this can lead to some complications, particularly if the legal document in question purports to be someone’s last will and testament. In legal terms, a will written out… Read More »
How Much Time Does a Creditor Have to File a Lawsuit Against an Estate?
Florida probate law imposes a set of deadlines on creditor claims against an estate. The basic rule is that a creditor must present a claim to the personal representative of the estate within the later of 30 days after being served a notice of the estate’s probate or 3 months after said notice is… Read More »
Does a Power of Attorney Eliminate the Need for a Guardianship in Florida?
A Florida court can appoint a plenary guardian to serve as a legal decision-maker on behalf of an adult who is no longer capable of caring for themselves. A guardianship is only created as a last resort, however, and if the incapacitated person has a power of attorney or similar estate planning documents in… Read More »
Does a Power of Attorney Signed in a Foreign Country Need to Comply with Florida Law?
A power of attorney is a useful legal tool for giving someone the authority to act in your name while you are still alive. While some powers of attorney only take effect when the principal is incapacitated, they are also often used when the principal is simply unavailable. For example, if you want to… Read More »
Understanding the Limits of an Agent’s Authority Under a Florida Power of Attorney
Most estate plans include a document known as a power of attorney (POA). The basic idea behind a POA is fairly simple: A principal appoints an agent to act on the principal’s behalf. Some POAs are limited to a specific property or transaction. For example, you might sign a limited power of attorney so… Read More »
Do Children Born After a Parent’s Death Inherit From Their Estate?
There are, sadly, situations where a child is born after a parent dies. This usually comes up in the context of a father dying after a child is conceived but before the mother gives birth. Which begs the question, “Can the child still inherit from the father’s estate?” Section 732.106 of the current Florida… 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...