Recent Blog Posts
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 »
Professional Appointed Guardians in Florida May Need Better Oversight
What is a Court Appointed Guardian? Courts appoint Guardians to children or incapacitated adults, called Wards. These Guardians make decisions on behalf of the Ward. Depending on the situation, the Guardian may have exclusive or partial control over the person’s financial and personal affairs. Who is Incapacitated? A person is incapacitated when a Court… Read More »
How to Properly Revoke Your Will in Florida
It is not uncommon for a person to wittingly or unwittingly have multiple Wills when they die. Perhaps they created a Will and then circumstances changed. They may have had a falling out in their family or perhaps one of the beneficiaries in the Will has since become independently wealthy. Life’s changes may prompt… Read More »
Breach of Fiduciary Duty
Fiduciary relationships go beyond attorneys, personal representatives and trustees. The Florida Supreme Court ruled they don’t necessarily need to be legal relationships in order to have a fiduciary duty. They may also be relationships that are moral, social, domestic, or of a personal nature. When one party fails to uphold that confidential or fiduciary… Read More »
Guardianship Litigation – Appointment Of Guardian
While it may be an unthinkable circumstance, you should always have a plan in place in the event you or your spouse becomes incapacitated. That is why it is best to plan for the appointment of a guardian now, so in the event of an untimely death or incapacitation, you will have a trusted… 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...