Category Archives: Estate Trust Litigation
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 »
Common Causes of Sibling Inheritance Arguments
Inheritance disagreements may stem from more than financial value. Long-standing family dynamics, feelings of favoritism, or misunderstandings about a parent’s wishes can lead to emotionally charged conflicts. Some common scenarios include: Unequal distributions. If one sibling receives a larger share of the estate or is given control over property or sentimental items, others may… Read More »
Life Changes and How Courts Address Unforeseen Circumstances in Trusts
Trusts are designed to provide stability, financial protection, and a clear plan for distributing assets. Yet no matter how carefully a trust is crafted, life does not always unfold as expected. Family dynamics shift, beneficiaries age, health needs emerge, and assets fluctuate in value. Changes can make it difficult (or even impossible) to carry… Read More »
5 Situations Where Estate Mediation Makes Sense
Involving more than money, estate disputes can be time-consuming and emotionally charged. In Florida estate litigation, mediation is commonly used as a way to resolve disputes efficiently. In Florida parties are routinely required to attend mediation prior to going to trial. #1 Family Conflicts Fueled by Emotion When disputes stem from hurt feelings, sibling… Read More »
Guardianship Warning Signs to Watch For
If you have a loved one under guardianship (or are considering guardianship), know that there are red flags that merit attention. For one, unexplained property transfers or a sudden neglect of physical or mental health care. Poor or no communication from the guardian about major decisions, finances, or the ward’s welfare can be an… Read More »
Removal of a Florida Trustee, a Step-by-Step Guide
Trustees hold significant power over assets meant to benefit others. When a trustee breaches a fiduciary duty Florida law allows beneficiaries (and sometimes the settlor or cotrustees) to ask a court to remove that trustee and protect the trust. Whether you have noticed a trustee engaging in self-dealing, mismanaging assets, hiding information, or otherwise… Read More »
What People Don’t Know About Probate and How to Prepare for the Process
Estates often go through probate, which is a court-supervised process of identifying assets, paying debts, and distributing property to heirs or beneficiaries. While many people have heard the term, few truly understand what probate involves until they’re in the middle of it. The truth is that being unprepared for probate can lead to long… Read More »
What Beneficiaries Can Do When a Personal Representative Fails to Communicate
The loss of a loved one is difficult enough without added stress or confusion about what’s happening with their estate. In Florida, the person appointed to manage the estate, known as the Personal Representative, has legal obligations to act transparently and in the best interests of the beneficiaries. Yet unfortunately, some Personal Representaive’s fail… 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...