Category Archives: Estate Trust Litigation
When a Disinheritance May Be Invalid Under Florida Law
Being disinherited can feel shocking and deeply personal, especially when it comes as a surprise after a loved one’s passing. While Florida law generally respects a person’s right to distribute their assets as they see fit, there are important exceptions. In some situations, a disinheritance may be legally invalid and subject to challenge through… Read More »
What Is Disgorgement?
Family members and beneficiaries are often confronted with legal terminology that they aren’t familiar with when dealing with an estate. One term that arises in contested estates is disgorgement, a powerful legal remedy that can require someone to return money or property they wrongfully obtained. If you are involved in an estate matter, understanding… Read More »
Homestead Property Disputes in Florida Probate
A unique and powerful role in Florida probate law, homestead protections are designed to safeguard families and preserve primary residences. But it’s important to know that these protections can also become a source of serious conflict during probate. Homestead property disputes are among the most common (and most complex) issues estate attorneys handle. Working… Read More »
What to Do If You Suspect a Will Was Forged
Discovering that a will may not be legitimate can be shocking. Unfortunately, forged wills do arise in Florida probate cases, often leading to intense disputes among family members and beneficiaries. If you suspect a will was forged, have a conversation with a Pompano Beach estate litigation lawyer. What Does Forgery of a Will Mean… Read More »
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 »
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...