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Category Archives: Estate Trust Litigation

Legal14

Can The Executor Object To A Surviving Spouse Taking An Elective Share Of An Estate?

By Mark R. Manceri, P.A. |

Florida law permits the surviving spouse of a deceased individual to claim an “elective share” of their estate. The purpose of the elective share is to prevent someone from completely disinheriting their spouse. Basically, the elective share is equal to 30 percent of not just the deceased spouse’s probate assets, but also their homestead… Read More »

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EstPlan23

How The “Order Of Preference” Can Affect The Administration Of A Florida Probate Estate

By Mark R. Manceri, P.A. |

In making a will, a person is generally free to name anyone they wish as the personal representative (executor) of their estate. When there is no will, however, Florida law determines the “order of preference” for the probate court to follow in appointing a personal representative. Normally the surviving spouse–if any–has priority, followed by… Read More »

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Legal33

Does Florida Law Actually Bar A Killer From Inheriting Their Victim’s Estate?

By Mark R. Manceri, P.A. |

A popular trope in crime fiction is the spouse who kills their significant other “to collect the insurance money.” In reality, of course, you cannot legally profit off someone’s death when you caused that death. Most states, including Florida, have what is known as a “slayer statute” to address such situations. Florida’s statute states… Read More »

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EstPlan22

How Often Should I Review Or Revise My Florida Estate Plan?

By Mark R. Manceri, P.A. |

Many people take the time to make a will. Then they put the document in a drawer and never think about it again. This is usually a mistake. Estate planning should never be a one-time affair. It is an ongoing process that evolves over time. So how often should you review your estate plan?… Read More »

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LegalAdvice

How Do You Sever A Joint Tenancy In Florida?

By Mark R. Manceri, P.A. |

A joint tenancy is a method whereby two or more people hold an undivided interest in a real or personal property. The idea behind joint tenancy is that when one co-tenant dies, the remaining co-tenants continue as owners of the undivided whole. In other words, the co-tenants have “survivorship” rights in the property itself…. Read More »

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EstPlan20

How Broad Is A Trustee’s Discretion In Refusing To Make A Distribution?

By Mark R. Manceri, P.A. |

In establishing a trust, the grantor has the right to afford as much (or as little) discretionary authority to the trustee as they wish. To the extent the trust gives the trustee discretionary power, however, they must exercise it in “good faith” and “in accordance with the terms and purposes of the trust and… Read More »

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Inheritance

Do Unmarried Partners Have Any Inheritance Rights In Florida?

By Mark R. Manceri, P.A. |

Millions of people are in loving, committed relationships that do not involve marriage. Indeed, many couples are putting off or simply avoiding marriage altogether. There can be many benefits to this, but there are also some potential drawbacks, particularly when it comes to inheritance rights. To put it simply, unmarried partners have no inheritance… Read More »

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DocKeysMoney

Joint Tenants Or Tenants In Common? Why The Distinction Matters When It Comes To Probate

By Mark R. Manceri, P.A. |

When two people hold title to real property as joint tenants with right of survivorship, that means that when one owner dies, the other automatically receives full ownership of the property. The property does not pass through the probate estate of the deceased joint tenant first. In other words, if Steven and Kelly own… Read More »

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ElderPlan

Can I Still Serve As My Late Spouse’s Executor If They Died While Our Divorce Was Pending?

By Mark R. Manceri, P.A. |

When a married person dies in Florida, their surviving spouse has certain statutory rights. This includes the right to a certain share of their deceased spouse’s estate, as well as first priority to be appointed as personal representative of that estate. These rights may be waived, however, through a written contract or agreement signed… Read More »

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Litigation2

Prince Estate Finally Headed For Resolution After Six Years

By Mark R. Manceri, P.A. |

Prince Rogers Nelson, the musician best known just by his first name “Prince,” died nearly six years ago, in April 2016. Yet only now, in early 2022, is his probate estate close to winding down. So why has the process taken so long and what lessons can we take away from this estate? Disputes… Read More »

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