Switch to ADA Accessible Theme
Close Menu
Pompano Beach Estate & Trust Litigation Lawyer
Schedule a Consultation Today! 954-491-7099

Category Archives: Breach Fiduciary Duties

FinanPlan

Can a Florida Probate Court Dismiss a Personal Representative Without Giving Proper Notice?

By Mark R. Manceri, P.A. |

Serving as the personal representative of a Florida probate estate is a significant responsibility. Among other things, the personal representative owes a fiduciary duty to the heirs of the estate to complete the administration of the estate in a timely manner. And the probate court can–and will–remove a personal representative who fails to carry… Read More »

Facebook Twitter LinkedIn
Litigation2

Actions That Can Lead to Personal Representative Liability in Florida

By Mark R. Manceri, P.A. |

The primary duty of a personal representative is to represent the decedent’s estate in probate proceedings. The representative must manage the assets of the estate, distribute them according to the decedent’s wishes, and pay off all debts and taxes. However, some actions taken by the representative can lead to personal liability. These include failure… Read More »

Facebook Twitter LinkedIn
Legal22

Failing to Disclose Conflicts of Interest As a Breach of a Fiduciary Duty

By Mark R. Manceri, P.A. |

Estate planning is a crucial element in ensuring that an individual’s assets are distributed according to their wishes after death. However, this process can involve various complications regarding financial and legal matters. During estate litigation, it is not uncommon for parties to have conflicting interests that can compromise their integrity and the process as… Read More »

Facebook Twitter LinkedIn
Legal10

Are Personal Representatives Required To Account To Beneficiaries?

By Mark R. Manceri, P.A. |

Personal Representatives are responsible for finalizing the estate of a deceased person, which includes ensuring that the decedent’s debts and taxes are paid in full, as well as distributing assets according to the will or trust document. A Personal Representative must also provide an accurate accounting to any beneficiaries of the estate. But when… Read More »

Facebook Twitter LinkedIn
Legal23

When Can A Florida Court Do To Remedy A Trustee’s Breach Of Fiduciary Duty

By Mark R. Manceri, P.A. |

The beneficiary of a trust may take legal action against the trustee if they believe there has been mismanagement of the trust’s assets. If the court finds the trustee has breached their fiduciary duty to the beneficiary, a judge can hold the trustee personally liable for any financial damages. But can the court restrict… Read More »

Facebook Twitter LinkedIn
EstateDispute

When Is An Asset Actually Transferred Into A Trust? And Why Does It Matter?

By Mark R. Manceri, P.A. |

When a person transfers an asset to a revocable living trust, it is no longer considered a probate asset. In other words, when the person dies, the asset previously placed in the trust does not pass under the terms of the person’s will. It is a non-probate asset. There are of course cases where… Read More »

Facebook Twitter LinkedIn
Legal20

Florida Court Declines To Find Trust Language “Ambiguous,” Despite Beneficiary’s Protests

By Mark R. Manceri, P.A. |

When interpreting a trust, a Florida court’s goal is to understand and apply the intent of the settlor–the person who made the trust in the first place. A judge will typically not look outside of the plain language of the trust instrument unless there is some ambiguity that requires consideration of extrinsic (outside) evidence…. Read More »

Facebook Twitter LinkedIn
ElderLaw5

How to Prove Breach of Fiduciary Duty in a Florida Trust Case?

By Mark R. Manceri, P.A. |

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 »

Facebook Twitter LinkedIn
EstPlan9

Breach of Fiduciary Duty

By Mark R. Manceri, P.A. |

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 »

Facebook Twitter LinkedIn

© 2019 - 2024 Mark R. Manceri, P.A. All rights reserved.
This law firm website is managed by MileMark Media.