Recent Blog Posts
Is An Estate Bound By A Prenuptial Agreement?
Engaged couples often sign prenuptial (or antenuptial) agreements in contemplation of marriage. Although most people associate such agreements with divorce, they can also make provisions for what happens in the event either spouse dies while the parties are still married. For example, a prenup might provide each spouse waives certain rights they might have… Read More »
Can A Contract Override My Will?
In general, a person is free to dispose of their property in their last will and testament as they wish. But a will does not override any preexisting contracts the person may have signed. Put another way, you cannot use your will to dispose of property in a way that violates the terms of… Read More »
What Happens When The Personal Representative Of An Estate Improperly Takes Property For Themselves?
Personal representatives have a fiduciary duty to the heirs and beneficiaries of a probate estate. This means, among other things, that an executor cannot embezzle estate assets for their own personal benefit. If such embezzlement occurs, the beneficiaries of the estate have the right to take legal action against the personal representative. Kansas Supreme… Read More »
How Does Probate Work In Florida?
When a loved one has passed away, the family is often unsure of how to proceed in terms of opening a probate estate. There may be some confusion as to whether or not the deceased left a will. And of course, there may be relatives and creditors looking to claim part of the estate… Read More »
Can Someone Still Get Married If They Are Under A Court-Ordered Guardianship?
Under Florida law, when an adult is declared incapacitated and subject to a guardianship, that adult–known as a ward–may be deprived of certain legal rights. Some of these rights may be delegated to the guardian, such as the ability to enter into contracts or apply for government benefits on the ward’s behalf. Other rights… Read More »
What Happens If A Will Goes Missing?
After a person has died, it is critical to locate and file the original, signed will with the appropriate probate court. Ideally, the deceased will have left their will in a safe-but-accessible place for their executor or another family member to locate. Many people choose to leave their original wills with their attorneys as… Read More »
Do Illegitimate And Adopted Children Have Inheritance Rights In Florida?
While there was a time when children born outside of marriage did not enjoy the same inheritance rights as those born to a married couple, the law no longer works that way. In Florida, a child who is born “out of wedlock,” or even one who is legally adopted by the parent, enjoys the… Read More »
The Legal Effects Of Making A New Will Vs. Making A Codicil
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 »
What Is A Florida Guardianship Examining Committee?
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 »
How Settling an Estate Lawsuit Can Still Lead to Additional Legal Issues
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 »
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...