Recent Blog Posts
Differences Between Probate and Non-Probate in Florida
Even if you have a Will, not everything will pass through probate when you die. It’s important to understand how your Florida estate planning can ultimately affect your estate administration when you pass away. Assets that go through probate are ones that have no way to pass from a deceased person to a living… Read More »
How Undue Influence Affects Your Entire Estate Plan in Florida
When you are creating or updating your Florida estate plan, it should reflect your wishes. It should not involve any outside pressure or coercion. Florida law has established laws and procedures to prevent someone from using their influence to sway how someone else drafts their estate plan. Trying to force someone or influence how… Read More »
What is a Pour-Over Will in Florida, and is There a Risk of Conflicts?
Pour-over Wills are like other Wills, except they have only one beneficiary, which is a Living Trust. Essentially, the will “pours” your property over into a pre-arranged Trust upon your death. Your assets will be distributed according to the Trust’s plan. Your pour-over Will works in concert with your Revocable Trust. If the pour-over… Read More »
Questions to Ask When Hiring a Florida Estate Litigation Attorney
When a dispute erupts over a Trust or during a probate administration, it’s often between family members. That makes the argument even more emotionally challenging. Most people don’t want to argue or fight, especially with family members. However, watching the mishandling of a loved one’s financial affairs is not the time to stay quiet…. Read More »
What to Do if You Suspect Someone Has Multiple Florida Wills?
Taking the time to meet with an estate planning attorney and drafting a Will is a crucial step in determining how you want your estate handled when you pass away. Depending on when you prepare your first will, there can be many events throughout your lifetime that should be a trigger to revisit your… Read More »
How to Prove Breach of Fiduciary Duty in a Florida Trust Case?
A breach of fiduciary duty means that someone holding a fiduciary position acts in a manner that is in conflict with their duties. This breach of duty can result in serious legal consequences. In the case of a Trust, the fiduciary is the trustee who owes a duty to act in the best interests… Read More »
5 Common Causes of Action in Estate Litigation in Florida
No one wants to think about their family fighting and arguing over their Estate after they die. However, even the best estate plans can’t guarantee that disputes and problems won’t develop during the estate administration process. When money is at stake, people can become unpredictable. These disputes can divide entire families now and for… Read More »
What’s the Difference Between Estate Planning and Estate Administration?
Some people mistakenly assume that estate planning and estate administration are one and the same. However, there are notable differences between the two. For one, estate planning is done while you are still alive, while estate administration occurs after you die. If a dispute arises during estate administration, you need an experienced Pompano Beach… Read More »
Florida Probate Disputes and Intangible Assets
While the majority of family fights during probate revolve around property, cars, businesses, and other tangible assets, there could be something else even more valuable in someone’s estate. These are what are known as intangible assets. Some of these assets may only hold sentimental value, but others are worth considerable money. If someone has… Read More »
What are the Laws Regarding Intestate Succession in Florida?
When someone fails to start on their estate plan timely, they could end up dying without a Will. When someone dies without a Will, it means that the Estate will be distributed according to the laws of intestate succession. Estates that pass through intestate succession can create more confusion and disagreements for family members…. 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...