Category Archives: Estate Trust Litigation
Can a Will Be Contested If Someone Had Dementia?
Questions sometimes arise about whether a Will left behind truly reflects a person’s wishes. This is especially common when the person had dementia when the Will was created. The validity of a Will rests on whether the individual had what the law calls testamentary capacity at the time the will was signed. Because these… Read More »
Criminal Penalties for Fraud in Florida
Unfortunately, not everyone acts honestly when someone is alive or after they pass away. Fraud happens when someone intentionally misrepresents, hides, or steals assets to gain more than their fair share. These cases are not only grounds for civil litigation, they can also lead to serious criminal penalties under Florida law. If you suspect… Read More »
When Caregivers Become Beneficiaries
Caring for an aging or ill loved one can be a deeply meaningful experience. But what happens when a caregiver, whether that is a nurse, family member, or close friend, suddenly appears in that person’s Will as a major beneficiary? In Florida, such situations raise legal red flags, especially when the vulnerable individual was… Read More »
What Is an Extrinsic Evidence Review in Estate Cases?
Estate disputes often arise when the language in a Will or Trust is unclear, contradictory, or seems to conflict with the deceased’s known wishes. When this happens, Florida courts may allow the use of extrinsic evidence. This is outside information not contained in the actual document that is used to better understand the decedent’s… Read More »
Forgery and How Florida Courts Respond
Accusing someone of fraudulently making or altering a document, particularly Wills and Trusts, is a serious allegation. If true, forgery can unravel the entire distribution of an estate. If you suspect that a loved one’s will was forged, or you’re being accused of fraud yourself, it’s essential to understand how Florida courts handle these… Read More »
How Codicils Can Complicate an Estate Dispute
When it comes to reviewing a loved one’s estate documents, clear language is everything. That’s why the existence of a Codicil (a legal amendment to a will) can sometimes make probate more complex, especially if multiple versions exist or the codicil’s validity is called into question. Seasoned legal professionals have handled numerous disputes involving… Read More »
Recent Florida Cases That Shaped Estate Litigation
The law is constantly evolving, particularly in a state like Florida where a large retiree population often leads to disputes over Wills, Trusts, and Guardianship. In recent years, a few high-profile Florida cases have had a significant impact on how courts interpret undue influence, guardianship authority, and fiduciary duties. Have a conversation with a… Read More »
Testamentary Capacity and Natural Heirs
Questions can arise when someone passes away and their Will is brought forward. This is particularly the case when there are concerns over whether their closest relatives, known as heirs, were properly accounted for. In Florida estate litigation, understanding testamentary capacity and heirs is essential to evaluating the validity of a Will and resolving… Read More »
Why Hidden Assets Are a Problem When Resolving an Estate
Probate is meant to be a fair and transparent process where an individual’s assets are identified, valued, and distributed according to a Will or Florida’s intestacy laws. Unfortunately, not all estates are handled honestly. Sometimes, heirs or Personal Representatives conceal or misreport estate property, either to reduce what others receive or to benefit themselves…. Read More »
Tax Implications of Personal Representative Compensation
Serving as a Personal Representative for a loved one’s estate in Florida is an honor and a serious responsibility. Many first-time Personal Representatives focus on the emotional and administrative aspects of the role (collecting assets, paying debts, and distributing property) but overlook an important detail, that executor compensation is taxable income. The best way… 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...