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Category Archives: Estate Trust Litigation

Will7

What to Do if You Suspect a Florida Will Was Forged?

By Mark R. Manceri, P.A. |

It’s unfortunate, but the number of suspected Wills is on the rise. Spotting them is not easy. This means if a subsequent will pops up during probate, there are grounds to dispute it. It’s important to make sure that you have a trusted friend or family member that you can ask to keep your… Read More »

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AssetP3

How Digital Assets Can Cause Disputes in Your Florida Probate

By Mark R. Manceri, P.A. |

Most people think about family members fighting over money and other tangible assets of value when someone passes away. However, there’s another type of asset that could hold significant value and is sometimes overlooked in estate plans — the digital asset. Digital assets can be valuable in several ways. For some assets, the value… Read More »

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Executor2

Understanding the Responsibilities of an Executor in a Florida Probate

By Mark R. Manceri, P.A. |

When someone is named as the executor of a person’s will, they will be tasked with a lot of responsibility. There are fiduciary duties and legal responsibilities that must be carried out, otherwise the probate may drag on unnecessarily. The appointment of a particular executor can also lead to disputes, where heirs might raise… Read More »

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EstatePlan6

How the Elective Spousal Share Could Impact Your Florida Estate Plan

By Mark R. Manceri, P.A. |

If you have not heard of spousal elective share, it’s a term you should become familiar with, otherwise there is a chance your Florida estate plan could be in for a possible derailment. The concept of elective share only applies in some jurisdictions, Florida being one of them. The premise behind elective share is… Read More »

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EstPlan9

What is a Florida Ancillary Probate?

By Mark R. Manceri, P.A. |

If someone is not a resident of Florida but they own property in the state, an ancillary probate could be required when they die. The property could be a home, apartment or condo, vacant lot, commercial buildings, or another type of real estate somewhere in Florida. Only property titled in the non-resident’s name would… Read More »

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EstateWill

Can You Use an LLC for Your Florida Estate Planning Needs?

By Mark R. Manceri, P.A. |

Proper estate planning is important. It can help reduce potential conflicts and litigation related to your estate or trust, especially when you pass away. The idea behind estate planning is to make things easier for your loved ones in the event of your death, you don’t want to complicate matters and have your estate… Read More »

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Charity

Be Sure Your Charitable Gifts Don’t Cause Problems with Your Florida Estate Plan

By Mark R. Manceri, P.A. |

When you are considering giving to a charity, you should consider the legal ramifications of your donation and ensure that the charities you are choosing are not scams or involved in any illegal activities. Giving to charities has become a more popular aspect of estate planning. In some cases it is through charitable gifts… Read More »

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Couple

What to Know about Terminating a Florida Irrevocable Trust

By Mark R. Manceri, P.A. |

When someone sets up a Trust, the primary benefit is to serve the needs of its beneficiaries. And, the Trustee appointed has a fiduciary duty to represent the interests of those beneficiaries. If the time comes where a Trust is no longer meeting those needs or the Trust’s purpose has been achieved, then it… Read More »

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Will5

How Long Do You Have to Contest a Will in Florida?

By Mark R. Manceri, P.A. |

The time to contest a will in Florida will vary based on circumstances. Generally, the time frame can be relatively short. In general, you have 3 months after the Notice of Administration is provided by the Estate’s Personal Representative. If you have already received a formal notice of the probate proceeding before the Will… Read More »

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EPlanning

Protecting Yourself from Liability as a Trustee in Florida

By Mark R. Manceri, P.A. |

Accepting the responsibility to be a trustee is something that should not be taken lightly. It is a huge responsibility, and you are putting yourself at risk of facing legal problems if something goes wrong. As a trustee, it is generally recognized that you have a lot of integrity and can be trusted with… Read More »

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