Category Archives: Estate Trust Litigation
When Caregivers Become Beneficiaries
Caring for an aging or ill loved one can be a deeply meaningful experience. But what happens when a caregiver, whether that is a nurse, family member, or close friend, suddenly appears in that person’s Will as a major beneficiary? In Florida, such situations raise legal red flags, especially when the vulnerable individual was… Read More »
What Is an Extrinsic Evidence Review in Estate Cases?
Estate disputes often arise when the language in a Will or Trust is unclear, contradictory, or seems to conflict with the deceased’s known wishes. When this happens, Florida courts may allow the use of extrinsic evidence. This is outside information not contained in the actual document that is used to better understand the decedent’s… Read More »
Forgery and How Florida Courts Respond
Accusing someone of fraudulently making or altering a document, particularly Wills and Trusts, is a serious allegation. If true, forgery can unravel the entire distribution of an estate. If you suspect that a loved one’s will was forged, or you’re being accused of fraud yourself, it’s essential to understand how Florida courts handle these… Read More »
How Codicils Can Complicate an Estate Dispute
When it comes to reviewing a loved one’s estate documents, clear language is everything. That’s why the existence of a Codicil (a legal amendment to a will) can sometimes make probate more complex, especially if multiple versions exist or the codicil’s validity is called into question. Seasoned legal professionals have handled numerous disputes involving… Read More »
Recent Florida Cases That Shaped Estate Litigation
The law is constantly evolving, particularly in a state like Florida where a large retiree population often leads to disputes over Wills, Trusts, and Guardianship. In recent years, a few high-profile Florida cases have had a significant impact on how courts interpret undue influence, guardianship authority, and fiduciary duties. Have a conversation with a… Read More »
Testamentary Capacity and Natural Heirs
Questions can arise when someone passes away and their Will is brought forward. This is particularly the case when there are concerns over whether their closest relatives, known as heirs, were properly accounted for. In Florida estate litigation, understanding testamentary capacity and heirs is essential to evaluating the validity of a Will and resolving… Read More »
Why Hidden Assets Are a Problem When Resolving an Estate
Probate is meant to be a fair and transparent process where an individual’s assets are identified, valued, and distributed according to a Will or Florida’s intestacy laws. Unfortunately, not all estates are handled honestly. Sometimes, heirs or Personal Representatives conceal or misreport estate property, either to reduce what others receive or to benefit themselves…. Read More »
Tax Implications of Personal Representative Compensation
Serving as a Personal Representative for a loved one’s estate in Florida is an honor and a serious responsibility. Many first-time Personal Representatives focus on the emotional and administrative aspects of the role (collecting assets, paying debts, and distributing property) but overlook an important detail, that executor compensation is taxable income. The best way… Read More »
What Does Isolation of a Testator or Grantor Look Like?
An emotionally charged and legally complex situation is possible when family members suspect that a loved one was improperly influenced or isolated before making changes to their estate plan. The isolation of the Testator or Grantor can be a red flag for undue influence, a key factor in many contested Wills and Trusts. A… Read More »
What Is a POD Designation?
A Payable on Death (POD) designation, is a simple and effective way to transfer assets after death without the need for probate. In Florida and throughout the country, individuals often use POD designations on bank accounts and other financial assets as part of their estate planning strategy. It’s essential to recognize that while it… 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...