Category Archives: Beneficiary Dispute
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 »
Can a Florida Trust Beneficiary Sue to Recover Trust Assets?
A key role of a trustee is to take legal action on behalf of the trust. For example, if someone owes the trust a debt, the trustee has the authority to file a lawsuit and seek a civil judgment against the debtor. But if the trustee fails to take such action, can the named… Read More »
Do Children Born After a Parent’s Death Inherit From Their Estate?
There are, sadly, situations where a child is born after a parent dies. This usually comes up in the context of a father dying after a child is conceived but before the mother gives birth. Which begs the question, “Can the child still inherit from the father’s estate?” Section 732.106 of the current Florida… Read More »
Resolving Disputes Regarding Probate Court Jurisdiction
When a loved one passes away, their estate often goes through the probate process to ensure proper distribution and administration of their assets. Establishing the correct probate court jurisdiction is an essential aspect of navigating this complex legal process. Dealing with disputes regarding probate court jurisdiction can be both emotionally challenging and legally complicated…. Read More »
The Importance Of “Survivorship” In Administering A Florida Probate Estate
There are certain situations where two or more related individuals, such as spouses, may die at the same time. How does this affect the administration of their estates? Does it legally matter who died first chronologically? Let’s first address why “survivorship” matters in a probate context. Most wills contain language requiring a named beneficiary… Read More »
When Is A Lifetime Gift Legally Binding In Florida?
Not everyone waits until they die to leave a gift or inheritance to a loved one. Many people choose to make inter vivos gifts, or transfers of property during their lifetime. Such gifts are legally binding on the donor–and their future estates–provided there was “donative intent” and the gift was actually delivered to the… Read More »
Can Gifts Made During Someone’s Lifetime Be Considered An “Advance” On A Gift Made In Their Will?
Here is a hypothetical probate dispute: Melissa executes a last will and testament. In the will, she makes a gift–or specific devise, in legal terms–of $30,000 to her favorite nephew, George. But then, a few months before she dies, Melissa decides to give George a gift of $10,000 while she is still alive. After… Read More »
Do Probate Courts Resolve Disputes Over Life Insurance Policies?
A question we often get is, “Is my life insurance policy considered part of my estate?” In terms of a probate estate, the answer is usually “no.” Life insurance policies typically have a named beneficiary, such as a spouse of a child. Upon the insured person’s death, the insurance company will simply pay any… Read More »
Can A Marital Settlement Agreement Still Be Enforced After A Former Spouse Dies?
One of the roles of a personal representative is to enforce any contractual obligations of the deceased. In plainer terms, if someone owed the decedent money under a previously executed contract, the personal representative has the right–and the responsibility–to take any appropriate legal action to collect. Florida Court Orders Woman to Return Ex-Husband’s Pension… Read More »
How a Power of Appointment Can Affect the Rights of Potential Trust Beneficiaries
When making a Will or Trust, a person may sometimes grant someone else a “power of appointment.” This is basically the authority to decide how to dispose of particular property. Let’s take a simple example. Say you have a large collection of vinyl records. You cannot decide who to leave them to, as you… 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...