Recent Blog Posts
Is “Eccentric” Behavior Proof of Undue Influence?
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 »
Understanding Florida’s Presumption of Undue Influence
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 »
How Choice of Law Can Affect Trust Litigation
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 »
How Does a Florida Estate Deal with Creditor Claims?
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 »
Holographic Wills
Another situation you sometimes see is a person leaving a handwritten document as a Will. In legal terms this is called a “holographic” Will. This type of will may be valid in Florida, provided it follows the same witnessing requirements as a more traditional typewritten Will. Under Florida law, a valid Will must be… Read More »
How a Power of Appointment Can Affect the Rights of Potential Trust Beneficiaries
When making a Will or Trust, a person may sometimes grant someone else a “power of appointment.” This is basically the authority to decide how to dispose of particular property. Let’s take a simple example. Say you have a large collection of vinyl records. You cannot decide who to leave them to, as you… Read More »
Can My Ex-Spouse Contest My Will?
While a divorce legally dissolves a marriage, it does not necessarily sever all legal and financial ties between former spouses. In some cases, an ex-spouse may continue to be a beneficiary under a Will, Trust, or beneficiary designation. At the same time, divorce does significantly alter the legal ability of a former spouse to… Read More »
Who Is Not Allowed to Serve as the Personal Representative of a Florida Probate Estate?
One of the first legal questions that come up after a person dies is, “Who will serve as the Personal Representative of their Estate?” The answer to this question is important. The Personal Representative is the person who is legally responsible for gathering the Estate’s assets and distributing them to the deceased person’s heirs… Read More »
Can a Potential Beneficiary Contest a Still-Living Person’s Trust?
It is not uncommon for family members to express displeasure with changes to a loved one’s trust. In some cases, the disgruntled family member may even want to file a legal contest to a trust or its amendments. But when is that even permissible? Can anyone challenge a trust, even if the person who… Read More »
How Contractual Obligations Can Follow Your Trust or Estate After You Die
In general, you are free to make a will or trust free of outside restrictions. However, if you have previously entered into a legal contract where you agree to make certain provisions in your estate plan, the other party can turn around and sue your estate or trust if you did not hold up… 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...