Recent Blog Posts
The Importance of Creating a Comprehensive Florida Estate Plan
Estate planning is often one of the most misunderstood areas of the law. People think about creating a Will or Trust, but fail to plan for possible incapacitation. The best estate plan should not only be concerned with distributing assets upon death, but it should help you prepare for your future physical and mental… Read More »
Reasons to Modify a Florida Trust
Florida law restricts your ability to modify the terms of a Trust in order to protect the Grantor’s intention. Notwithstanding, Florida law does allow for the modification of a Trust under certain circumstances. If the Grantor’s circumstances have changed and they need or want to make changes, you will need the assistance of a… Read More »
5 Reasons Why You Need a Florida Prenuptial Agreement
Prenuptial Agreements are contracts that some couples choose to enter into before marriage. Every Prenuptial Agreement is different. They generally govern ownership and disposition of assets and debts upon a future divorce or death. The Agreement only becomes effective when you get married. If the marriage does not take place, the Agreement is not… Read More »
What is Guardianship Litigation?
A Guardian is someone who is appointed by the court to be the decision-maker for an incapacitated adult or a child, who is known as a Ward. When there is a dispute over some aspect of the guardianship, you may need to contact a knowledgeable and experienced Pompano Beach guardianship litigation attorney for assistance…. Read More »
Important Legal Duties of a Florida Trustee
When you set up a Trust as part of your estate plan, you need someone to manage the Trust. That person is known as a Trustee. Like other similar positions, there are duties that a Trustee must complete, and they must always act with the beneficiaries’ best interests in mind. This is known as… Read More »
Handling Disputes with Health Care Surrogates in Florida
A health care surrogate is someone you grant permission to make medical decisions on your behalf when you are incapacitated and cannot make decisions yourself. The appointment is done through a Designation of Health Care Surrogate form. When you designate someone, it’s important to go over your wishes with them or there may be… Read More »
What Rights and Powers Does a Personal Representative Have in Florida?
When you name someone as the Personal Representative, of your Estate, this individual needs to be prepared to take on a lot of important duties. They also face strict court supervision in addition to the watchful eyes of family members and heirs. You can almost guarantee that family members and potential heirs will be… Read More »
What are the Grounds to Remove a Personal Representative in Florida?
If a problem develops with the personal representative during probate, you may want to remove the individual from their position. What do you do if the person is not doing a good job? It can be frustrating if you are a close family member and the personal representative is not treating the beneficiaries properly…. Read More »
Paternity Disputes and Florida Probate Litigation
There are occasions someone comes forward during probate to claim they are the deceased’s biological child. The name given to this person is the putative child. They may have to prove their paternity while the probate administration is pending. If the person turns out to be a biological child, then he or she may… Read More »
7 Ways a Fiduciary Breaches Their Duty in Florida Estate Cases
When you name someone as the executor in your Will or as the Trustee of your Trust, they have a duty to act in your beneficiaries’ best interests at all times. They cannot put their own needs ahead of those of the beneficiaries. This is known as a fiduciary duty. When someone breaches their… 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...