Recent Blog Posts
Electronic Wills May Be Coming – But Are They A Good Idea?
Imagine it: you log into an app on your iPad and sign your Will electronically with your finger. Technological literacy is at an all-time high. More people are using technology to accomplish tasks once relegated squarely to pen and paper like signing wills. The future is here in terms of Ewills, but are electronic… Read More »
Forgery of a Will in Florida Estate Litigation
When a family member passes away, and his or her will is read, family disputes sometimes occur. Maybe you suspect that the testator who created the will was under undue influence. In some cases, family members might even suspect that the will is a forgery. Perhaps the will is out of line with the… Read More »
Trust Litigation Over Failure to Provide Accounting
There are several ways to go about estate planning in the event of your passing. Many people create wills that state how they’d like their property to be dispersed after they are gone. Another option is to create a trust and to place your assets within. The one who creates the trust is called… Read More »
What Happens in Florida When The Testator Signed Multiple Wills?
Making a will is one of the best ways to prepare for the future. In your will, you can choose beneficiaries who will inherit your assets. Your legally valid Florida will enables your estate to bypass probate court. Instead of waiting for a judge to distribute your assets, the executor that you name will… Read More »
Undue Influence in Florida Estate Litigation
What is an Undue Influence Lawsuit? “Undue influence” is a specific claim in probate litigation. In a Florida undue influence claim, someone challenges the validity of another person’s Will, Trust, Deed or any other transfers made during life. Undue influence claims often arise when the person who wrote the Will is elderly, in a… Read More »
Guardianship Appointment in Florida
If your family member or loved one becomes incapable of taking care of themselves, you might be considering asking the court to appoint them a Guardian. Florida law allows for the Court to appoint a surrogate decision-maker to make financial or personal decisions for incapacitated adults or minors. How Does the State Determine Whether… Read More »
How to Resolve a Power of Attorney Conflict in Florida
If you become incapacitated or unable to make decisions for yourself, someone that you designate with a Power of Attorney can act on your behalf. You can also give a Power of Attorney that designates someone to act on your behalf if you are absent or unable to make decisions for any reason. For… Read More »
Testamentary Capacity in Estate Litigation Disputes
You have worked hard to provide for yourself and your family. You carefully select who you want to give your possessions to after your passing. Even after all of this careful planning, someone can still challenge the validity of your will. Challenges to testamentary capacity are one of the most common causes of estate… Read More »
Powers of Attorney – Conflicts of Interest
A Power of Attorney (POA) authorizes another person, called an agent or attorney-in-fact to manage your assets, finances, or other affairs. A POA, when used properly, can save your family extremely valuable time and money. However, designating the wrong or an untrustworthy POA can be detrimental to your estate, as POAs can abuse their… Read More »
Breach of Fiduciary Duty Under Florida Probate Law
Setting up a Florida Trust during your lifetime could be beneficial. The creators of a Living Trust include their assets in a Living Trust and continue to use them until their death at which point the assets are distributed to beneficiaries. When everything goes according to plan, a Trust can be a great wealth… 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...