Category Archives: Estate Trust Litigation
The Witness Who Stood to Inherit: A Small Detail That Can Start a Big Fight
Picture a will signing at a kitchen table. Two people sign as witnesses, and one of them is named in the document to receive the family home. Most people assume that detail sinks the will on the spot. Florida law is more forgiving than that, yet the situation can still turn into a courtroom… Read More »
When Doctors Take the Stand: How Medical Experts Shape a Capacity Fight
When a will is attacked because its maker was supposedly too impaired to sign it, the case often becomes a contest between medical opinions. Experienced Pompano Beach estate litigation lawyers know that the strength of those opinions, and how closely they tie to the day of signing, can decide the outcome. The Standard the… Read More »
Caregiving Doesn’t Always Come With Clear Expectations
Often adult children willingly help aging parents without expecting anything in return. Others are relying on some support because they have put careers on hold, reduced work hours, or spent thousands of dollars on travel, home modifications, medications, or household expenses. The challenge is that support arrangements can be informal. Rarely is there a… Read More »
Five Ways a Florida Trust Can Be Thrown Out in Court
Setting up a trust does not automatically make it bulletproof. Florida law sets specific conditions a trust must meet to be valid, and when those conditions are not met, an interested party may be able to have the trust set aside entirely. Anyone questioning whether a family trust holds up under scrutiny should speak… Read More »
What Makes a Florida Trust Legally Vulnerable to Challenge?
Trusts are often described as a cleaner alternative to a will, avoiding probate and keeping family affairs private. But a trust is only as strong as the process used to create it, and Florida law allows beneficiaries and heirs to challenge a trust just as they would a will when something about its creation… Read More »
Can a “No Contest” Clause Actually Backfire in Florida?
Some estate plans include a clause designed to scare beneficiaries into silence. The idea is simple on paper: if you challenge the will or trust, you lose whatever you were set to inherit. It sounds like a strong deterrent. In Florida, it is also completely unenforceable. For families who assumed such a clause would… Read More »
When Silence Outlives the Client: Attorney-Client Privilege After Death in Florida
Most people assume that what they tell their attorney stays private forever, even after they pass away. In many respects, that assumption is correct. Florida law recognizes that the duty of confidentiality between a lawyer and client survives death. But when it comes to wills and trusts, there is a carve-out that often surprises… Read More »
The Two-Minute Document That Can Decide a Florida Will Contest
Most people who sit down to sign a will never think twice about the extra page stapled to the back of it. It has a notary block, a little sworn language, and a place for the witnesses to sign again. It takes maybe two minutes to complete. Yet that single page, known as a… Read More »
Does Probate Have Authority Over the Funds?
It’s natural to wonder who has access to bank accounts when a loved one passes away. Talk to a Pompano Beach estate litigation lawyer if you are wondering who is holding family funds. The answer often depends on whether the assets are part of the probate estate. While probate gives the court authority to… Read More »
Estate Litigation Can Become More Complex Across State Lines
Living out of state doesn’t prevent you from protecting your interests if a dispute arises over a Florida estate. In fact, beneficiaries frequently participate in Florida estate litigation without permanently traveling to the state. Technology has made long-distance participation much easier. Many meetings with your attorney can be conducted by phone or video conference,… 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...