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Category Archives: Breach Fiduciary Duties

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 »

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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 »

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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 »

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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 »

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