Recent Blog Posts
How Do You Determine the Value of a Florida Probate Estate?
The famous musician Prince died in 2016. Yet even now in 2021, his probate estate remains in legal limbo. Prince died without leaving a will and his estate has six surviving siblings, who have spent the past four-plus years trying to sort out his estate. One of the key issues, according to a recent… Read More »
Important Factors to Consider When Choosing a Pompano Beach Trustee
When you are creating a Trust, you must choose at least one Trustee. They will handle the trust administration, make disbursements when required, and ensure they always have the beneficiaries’ best interests in mind. It’s not a decision to take lightly; otherwise, it could lead to disputes. Your trust’s beneficiaries may be forced to… Read More »
How to Remove a Florida Trustee
Choosing a Trustee is an important decision. It’s one that must be carefully made because this individual will be responsible for maintaining your trust assets and overseeing distributions of these assets in accordance with your instructions. If you choose a Trustee that ends up breaching their duties or is unqualified, the beneficiaries may want… Read More »
Testamentary Capacity at the Time of Execution
Courts are generally reluctant to invalidate Wills, unless a beneficiary or heir can provide proof of one of a few types of fraud, including forgery, undue influence, and a lack of testamentary capacity. Even when there is evidence of one of these kinds of fraudulent activities, a Court will only review allegations through a… Read More »
What Does it Mean to Provide a Trust Accounting?
Florida law requires those who are placed in charge of administering Trusts, also known as Trustees, to fulfill certain responsibilities to the beneficiaries of the Trust in question. One of these requirements is a mandate to keep beneficiaries informed of the Trust, as well as its administration, which includes a duty to provide a… Read More »
The Presumption of Undue Influence in a Will Contest
Estate planning is meant to ensure that a person’s wishes are carried out after he or she passes away. Unfortunately, this is not always what ends up happening, especially in cases where a testator was subject to undue influence before his or her death. Fortunately, heirs and beneficiaries who suspect that a deceased relative… Read More »
What Type of Evidence is Used to Prove Forgery?
There are only a few different ways to invalidate a Will in Florida, one of which is to prove that the document doesn’t actually represent the wishes of the alleged testator, but is a forgery. Proving that someone else (besides the testator) wrote, signed, or modified a will without that person’s consent can, however,… Read More »
Common Types of Disputes with a Florida Power of Attorney
Creating an estate plan is an emotional process. You have to think about how your choices will affect your loved ones. Will you cause an argument between family members if you opt to leave an asset to a particular family member? Not only do you need to think about what to leave to who,… Read More »
What to Know About Estate Tax and Florida Estate Planning
After you work your whole life to provide for your family, some people assume that drafting a Will is enough to protect your loved ones after you pass away. However, proper estate planning is more than just drawing up a Will. Spend the time to ensure your estate plan is complete. That can help… Read More »
Should You Name More than One Personal Representative in Your Florida Will?
When you are drafting your Will, one of the first decisions you need to make is to select a Personal Representative for your Estate. This decision is an important one as this person will be tasked with a lot of responsibility upon your death. You also need to consider what happens if a dispute… 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...