Category Archives: Estate Trust Litigation
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 »
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 »
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...