Category Archives: Estate Trust Litigation
Proving Undue Influence In Florida
Many people think that they are doing a good thing when they invest a great deal of money in hiring a caretaker for their parent or an elderly loved one. Doing so can allow the individual to remain in their home, maintain some autonomy, and avoid a nursing home. However, when it comes to… Read More »
Do I Have Standing To Contest Inter Vivos Transactions?
When you have an elderly loved one who has been taken advantage of, it can be hard to figure out where to start when it comes to trying to make things right. Elderly and sick individuals are especially vulnerable when it comes to being taken advantage of, for instance, by others close to them… Read More »
Contesting A Guardianship In Florida
There unfortunately often comes a time when our elderly loved ones are no longer able to manage their own affairs due to a lack of capacity. If this is the case, they may face serious challenges due to unpaid bills and an inability to make good decisions about their own medical care or finances…. Read More »
Can I Appeal A Probate Order?
Have you lost a loved one? If so, you may have had to mourn while going through a lengthy and frustrating probate process. To finally reach the end of that process only to learn that the court has erred in the process can be infuriating, and it is easy to feel helpless in that… Read More »
How Paying A Late Creditor Claim Can Get A Florida Personal Representative Into Trouble
The personal representative of a Florida probate estate has a legal duty to pay any personal debts owed by the decedent at the time of their death. But there is an important caveat: The creditor holding that debt must file a claim against the estate within a certain time period. Normally, such claims need… Read More »
What Happens When Someone Dies Without A Will In Florida?
For most people, a last will and testament is one of the most important parts of a comprehensive estate plan, if not the only part. A will gives a testator the ability to control how their assets and property will be distributed after their death. So what happens when someone dies without a will?… Read More »
How Do I Contest A Will In Florida?
There may be nothing in life more painful than losing a loved one. However, for many, when it comes time to hear their loved one’s last will and testament and it does not align with what they knew their loved one’s wishes to be, it can feel like adding salt to a very deep… Read More »
Testamentary Capacity In Florida Estate Planning
Making a will, trust, or any other estate plan documents requires the person to be of sound mind. Determining how assets will be distributed after death is a decision that many people take seriously, so it’s important that estate planning documents be prepared only when the testator (the person signing the will) is mentally… Read More »
Understanding Undue Influence
The elderly are unfortunately very vulnerable to undue influence. Undue influence occurs when the will of an elderly individual is overpowered by the influence of another person, who usually has power or control over them, in order to get them to change their will or another testamentary document for the benefit of the influencer…. Read More »
Irrevocable Vs. Revocable Trusts
Trusts are an incredibly effective legal tool in your estate planning toolbox. There are a number of kinds of trusts and understanding the benefits and drawbacks can help you determine what kind of trust best meets the needs of you and your family. These trusts fall into the categories of revocable and irrevocable. All… 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...