Recent Blog Posts
When Can You Admit a Lost or Destroyed Will in a Florida Probate Estate?
When a person dies, their will must be located and filed with the probate court. Obviously, this assumes there is a will to find. If the testator–the person who made the will in the first place–destroyed the document before they died, then there is no longer a valid will. The Need for Witnesses As… Read More »
How Do You Tell If an Asset Is Probate or Non-Probate?
An important task in Florida estate administration is distinguishing probate and non-probate assets. An estate consists of a deceased person’s probate assets. Other assets that a person owned, co-owned, or controlled may be classified as non-probate assets. Only probate assets are subject to administration under a person’s will, or in the absence of a… Read More »
How Far Can “Dead Hand Control” Go in a Florida Will?
People often use their will (or trust) to make conditional gifts to their beneficiaries. A common example involves tying a gift or bequest to age. For instance, if you have a child who is still a minor, your trust might include language specifying they will not receive their share until they reach the age… Read More »
How an Alleged Breach of Fiduciary Duty Can Divide a Family Business
Going into business with family members is often fraught with peril. Issues regarding succession are often particularly tricky. Indeed, many family-owned businesses end up struggling–and often outright failing–because of legal disputes that arise when ownership must be transferred from one relative to another. Sisters-in-Law Battle Brother-in-Law in Court A recent decision from the Florida… Read More »
Does a Divorce Affect a Florida Will I Signed Prior to My Marriage?
It is always a good idea to review and revise your estate plan when a major life event occurs. This includes marriage, the birth of a child, or divorce. Of course, Florida law provides for certain situations where a person might inadvertently fail to update their will. For example, there is what is known… Read More »
The Importance of Taking a Consistent Position in Probate Litigation
There is a principle in civil litigation known as judicial estoppel. The basic idea is fairly simple to explain. Basically, if you take a position during a lawsuit, you cannot take a conflicting or contradictory position later in the same case. Even if your new position has merit, the court can hold the party… Read More »
Florida Judge Rejects Children’s Attempt to Disinherit Father Under “Slayer Statute”
It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will… Read More »
When Do Married Couples Own a Bank Account as “Tenants by the Entirety”?
Married couples in Florida often acquire and hold property as “tenants by the entirety.” This is a form of joint ownership. Essentially, each spouse owns a whole, indivisible interest in the underlying property. When one spouse dies, the survivor continues as sole owner. As neither spouse ever owned the property in their sole name,… Read More »
What Are the Factors in a Florida “Undue Influence” Claim?
When family members end up in litigation over a loved one’s estate, there is almost always an accusation of “undue influence.” This is a legal concept used to describe a situation where the recipient of property abused a confidential relationship with the grantor in order to obtain title. According to the Florida Supreme Court,… Read More »
Can Someone Else Sign a Change of Beneficiary Form on Your Behalf?
Federal Judge Rules Notary Could Not Sign Form for Blind Woman A document signed by a notary on behalf of a disabled person may still be invalid if the underlying form does not permit such an action. A recent decision from a federal judge in Fort Myers, Pruco Life Insurance Company v. Howen, provides… 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...