Category Archives: Estate Trust Litigation
How to Move Forward When Trustees and Beneficiaries Don’t Get Along
Trusts should provide clarity, efficiency, and harmony. While this is true in many situations, in others disputes arise. This could be the case when trustees and beneficiaries disagree about administration, distributions, or transparency. Conflicts can escalate quickly without proper legal guidance. Partner with a Pompano Beach estate litigation lawyer in order to move forward… Read More »
Who Should Have a Pour-Over Will?
A common objective when creating an estate plan is to streamline asset distribution. However, even with a properly drafted trust, one critical document should not be overlooked, and that is the pour-over will. Understanding what a pour-over document is, who needs one, and how it functions within Florida’s legal framework can prevent costly complications… Read More »
When Nepotism Becomes a Legal Issue
Estate disputes can become especially contentious when family members believe favoritism, sometimes referred to as nepotism, played a role in how an estate was planned or administered. Allegations of nepotism frequently arise when one relative appears to have received preferential treatment in a will, trust, or probate process. While favoritism alone is not illegal,… Read More »
What Happens If a Florida Executor Mismanages Estate Funds?
Beneficiaries expect estate assets to be handled carefully when a loved one passes away. Unfortunately, mismanagement of estate funds does occur, and when it does, Florida probate law provides clear remedies to protect beneficiaries. If you suspect an executor is mishandling estate assets in Pompano Beach or elsewhere in Florida, connect with a Pompano… Read More »
How to Challenge an Improper Trust Amendment
Trusts are commonly used in Florida estate planning to manage assets, avoid probate, and ensure that a grantor’s wishes are carried out efficiently. However, disputes can arise when a trust amendment appears improper, unexpected, or inconsistent with what beneficiaries were led to believe. Understanding what a trust amendment is, how it should be executed,… Read More »
Can a Trustee Be Personally Liable in Florida?
Serving as a trustee carries significant legal responsibilities. Trustees must administer a trust in good faith, with loyalty, prudence, and complete accountings to beneficiaries. When trustees fail to uphold these duties, the question of if they can be personally liable for resulting harm may arise. The short answer is yes, but with important statutory… Read More »
Relevant Case Examples of Emergency Guardianship
Emergency guardianship is a powerful and scrutinized tool. Because an emergency guardianship temporarily strips an individual of fundamental rights with little notice, judges approach these petitions with caution. For families facing an urgent crisis involving an incapacitated loved one, understanding when emergency relief is granted, or denied, is critical. An experienced Pompano Beach estate… Read More »
Estranged Children Still Have Legal Standing
Florida law does not automatically disinherit a child simply because the relationship was strained. Unless the parent legally removed the child from their estate plan, or certain exceptions apply, such as adoption by another family, an estranged child could still have standing to: Contest a will Challenge a trust Object to the appointment of… Read More »
When Families Argue About Care or Control
Disagreements over how to care for a vulnerable loved one, whether an aging parent or an adult with disabilities, can quickly escalate into emotionally charged battles. In Florida, when families cannot agree on who should make medical, financial, or personal decisions for an incapacitated individual, guardianship litigation may become necessary. You don’t have to… Read More »
Top Grounds for Contesting a Will in Florida (and What Evidence Helps Your Case)
In Florida, contesting a will is a complex process governed by statutes and court procedures. There are specific types of proof that are needed if you want to contest a will. A Pompano Beach estate litigation lawyer can help you understand when a challenge is appropriate and what evidence is needed to build a… 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...