Category Archives: Estate Trust Litigation
What Is Considered Unusual Financial Activity?
As people age, it’s normal for their financial needs and estate plans to evolve. They may decide to give gifts to family members, sell property, or update a will or trust after a major life event. These changes aren’t necessarily a cause for concern. However, when significant financial activity happens suddenly, it may be… Read More »
Can Loans Between Family Members Affect an Estate?
A lot of parents help children buy their first home, siblings cover unexpected expenses, or grandparents provide financial assistance during difficult times. These arrangements are often made with a handshake and a simple promise to pay it back someday. But what happens when the person who made the loan passes away? Informal family loans… Read More »
Assessing Joint Accounts
Many people believe that being listed on a parent’s bank account automatically means they inherit everything in that account. In some cases, that is true. But the legal outcome depends on how the account was established and the intent behind the arrangement. Some accounts are created with rights of survivorship. In these situations, ownership… Read More »
Did the Parent Intend a Gift, or Is There More to Know?
Disagreements can arise when someone claims that an asset was meant to be a gift. Whether the asset is money, jewelry, a vehicle, real estate, or another valuable possession, questions surrounding intent can quickly lead to estate disputes. In Florida, determining whether something was truly intended as a gift or should remain part of… Read More »
Hidden Financial Abuse Inside Guardianships
Guardianships are designed to protect vulnerable individuals. Whether due to age-related conditions, disability, or incapacity, the person under guardianship relies on a court-appointed guardian to act in their best interests. Most guardians take this responsibility seriously and work diligently to safeguard the assets and well-being of their loved one or ward. Unfortunately, not every… Read More »
Was the Account Truly Joint Ownership?
Not all jointly held accounts are created equal. In Florida estate litigation, determining who actually owns a financial account after someone passes away may require a close examination of account documents, the account’s purpose, and the intentions of the individuals involved. What appears straightforward at first glance can quickly become a complicated legal issue…. Read More »
Suspicious Last-Minute Will Changes Before Surgery or Hospitalization
Revisiting estate plans before a major surgery or hospitalization is not uncommon. Facing a significant medical procedure often prompts individuals to ensure their affairs are in order, and updating a will or trust may be a perfectly reasonable decision. But when substantial changes to an estate plan occur during periods of serious illness, heavy… Read More »
Was There Really a Favorite Child?
Few estate disputes are more charged than those involving a so-called favorite child. After a parent passes away, it’s not uncommon for one sibling to believe another received preferential treatment, especially if that child became heavily involved in the parent’s financial affairs during the final months or years of life. Sometimes those suspicions are… Read More »
Good Intentions Do Not Eliminate a POA’s Legal Responsibilities
In many Florida families, a trusted adult child, sibling, or close friend is named as an agent under a power of attorney (POA). While many people step into this role with good intentions, problems can still arise when a POA exceeds their authority. Disputes involving powers of attorney are more common than many realize…. Read More »
Types of Undue Influence Evidence That Strengthen a Claim
Sudden, out of character, changes to an estate plan can lead to tough questions. In Florida, one of the most common grounds for challenging a trust or will is a situation where someone exerts pressure over a vulnerable person to benefit themselves. While the concept may sound straightforward, proving it requires evidence. Talk to… 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...