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Category Archives: Estate Trust Litigation

Will10

The Legal Effects Of Making A New Will Vs. Making A Codicil

By Mark R. Manceri, P.A. |

It is not uncommon for people to change their Wills several times during their lifetimes. The common practice is to simply make a new will each time. But some people choose to amend an existing will instead. This is done by signing a separate legal document known as a Codicil. From a legal standpoint,… Read More »

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EstateDispute

How Settling an Estate Lawsuit Can Still Lead to Additional Legal Issues

By Mark R. Manceri, P.A. |

Estate and Trust litigation can be time consuming and expensive for the parties involved. Even when a dispute is settled, there may still be outstanding fees owed to the Personal Representative or Trustee. It is therefore important for all of the parties to be on the same page when it comes to such compensation… Read More »

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CoupleEstate

How to Administer a Small Estate in Florida When the Deceased Left No Will

By Mark R. Manceri, P.A. |

When a person leaves no Will, their heirs may be unsure of how to proceed when it comes to probate. Florida law provides for these Estates with no Wills, i.e. estates of intestate decedents. And a recent addition to the law actually makes it easier for heirs of smaller estates to administer their loved… Read More »

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Legal15

When Can You Remove the Personal Representative of a Florida Probate Estate?

By Mark R. Manceri, P.A. |

The Personal Representative is the person responsible for administering a Florida probate estate. Also known as an executor, the Personal Representative has a fiduciary duty to all of the beneficiaries of the Estate. Unless the Personal Representative is also the sole beneficiary, they must not put their interests above those of the other beneficiaries…. Read More »

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Legal11

What Do the Words “Per Stirpes” Mean in a Florida Will or Trust?

By Mark R. Manceri, P.A. |

If you read through a Will or Trust, you may see the Latin term “per stirpes” used when describing a beneficiary’s share. So what does this mean? Is it just an antiquated phrase used by probate lawyers? And is it something you need to think about as a potential beneficiary? By the Branch The… Read More »

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EstPlan22

How Choice of Law Can Affect Trust Litigation

By Mark R. Manceri, P.A. |

A Trust is a legal document that gives certain property a trustee, which must then be administered on behalf of certain beneficiaries. But if a legal dispute arises over the administration–or even the validity–of the Trust, what state’s laws actually apply to the interpretation and enforcement of the trust documents? Put another way, where… Read More »

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Couple_Will

How Does a Florida Estate Deal with Creditor Claims?

By Mark R. Manceri, P.A. |

Estate litigation does not always involve heirs of the deceased. Oftentimes there are disputes involving the creditors of the deceased as well. The Personal Representative is responsible for paying any valid creditor claims from the assets of the Estate. But what makes a claim valid? And what happens when there is not enough money… Read More »

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Will11

Holographic Wills

By Mark R. Manceri, P.A. |

Another situation you sometimes see is a person leaving a handwritten document as a Will. In legal terms this is called a “holographic” Will. This type of will may be valid in Florida, provided it follows the same witnessing requirements as a more traditional typewritten Will. Under Florida law, a valid Will must be… Read More »

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Legal12

Can My Ex-Spouse Contest My Will?

By Mark R. Manceri, P.A. |

While a divorce legally dissolves a marriage, it does not necessarily sever all legal and financial ties between former spouses. In some cases, an ex-spouse may continue to be a beneficiary under a Will, Trust, or beneficiary designation. At the same time, divorce does significantly alter the legal ability of a former spouse to… Read More »

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Legal4

Who Is Not Allowed to Serve as the Personal Representative of a Florida Probate Estate?

By Mark R. Manceri, P.A. |

One of the first legal questions that come up after a person dies is, “Who will serve as the Personal Representative of their Estate?” The answer to this question is important. The Personal Representative is the person who is legally responsible for gathering the Estate’s assets and distributing them to the deceased person’s heirs… Read More »

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