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Category Archives: Estate Trust Litigation

EstatePlan5

Common Misconceptions about How Probate Works in Florida

By Mark R. Manceri, P.A. |

It’s understandable that you may not know much about how the probate process works in Florida. Unless you’ve had someone close to you die or have been named as the Personal Representative in someone else’s estate, there is very little chance you’ve dealt with this legal process before. However, it’s still important that you… Read More »

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ElderLaw5

What Does a Personal Representative Do During the Probate of an Estate?

By Mark R. Manceri, P.A. |

Personal Representatives are individuals named in a Will to carry out the terms of the Will, subject to the requirements of Florida law. In certain circumstances, the can also be appointed by the Probate Court. This individual owes a fiduciary duty to the beneficiaries and creditors to manage the estate properly. This is similar… Read More »

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EstPlan20

Florida Now Allows Electronic Wills

By Mark R. Manceri, P.A. |

Florida recently passed the Electronic Documents Act (HB 409) that will take effect January 1, 2020. This law allows for electronic signatures, witnessing, and notarization of estate planning documents, including wills. Before the law goes into effective and questions arise, the Florida Department of State is working on specific procedures for the rollout and… Read More »

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PersRep

What Happens if There are Multiple Florida Wills in Probate?

By Mark R. Manceri, P.A. |

Wills are an important Florida estate planning tool. If you pass away, your will will help speed the probate process along by advising the court how you want your assets to be distributed. In most cases, this can be a smooth process. However, there are circumstances that make this more challenging. Children, deaths, multiple… Read More »

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Will8

What Happens When You Don’t Have a Will in Florida?

By Mark R. Manceri, P.A. |

American families are busier than ever. Between work, taking care of kids and extracurricular activities, it can be hard to find time to sit down and think about estate planning. Parents with young kids especially have a hard time finding the time to discuss estate planning. Perhaps you don’t believe you have enough monetary… Read More »

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BlendedFam

Tips for Resolving Inheritance Decisions With a Blended Family

By Mark R. Manceri, P.A. |

Blended families are more common than ever. A blended family is a family made up of a couple and their children from their previous marriage(s). Currently, 3 out of every 4 Americans who become divorced remarry, and 65% of all remarriages in the United States involve blended families in which a spouse brings in… Read More »

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Inheritance

Heiress Gloria Vanderbilt Passes Away at Age 95

By Mark R. Manceri, P.A. |

Nobody likes to think about their end of life. We are so busy with our day to day lives that it’s difficult to anticipate what we’d like to happen once we are no longer here. It is essential, however, to have an estate plan so that your wishes come to pass after your passing…. Read More »

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EstPlan15

Tips for Conducting Estate Planning Under The New Tax Laws

By Mark R. Manceri, P.A. |

Many are relieved that the tax season is over for the year. However, just because it’s over and you’ve filed your taxes doesn’t mean that now isn’t a good time to review your tax and estate-based planning. President Donald Trump signed a tax bill into law on December 2017 that changes things up in… Read More »

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Last_Will

Electronic Wills May Be Coming – But Are They A Good Idea?

By Mark R. Manceri, P.A. |

Imagine it: you log into an app on your iPad and sign your Will electronically with your finger. Technological literacy is at an all-time high. More people are using technology to accomplish tasks once relegated squarely to pen and paper like signing wills. The future is here in terms of Ewills, but are electronic… Read More »

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Trusts

Undue Influence in Florida Estate Litigation

By Mark R. Manceri, P.A. |

What is an Undue Influence Lawsuit?  “Undue influence” is a specific claim in probate litigation. In a Florida undue influence claim, someone challenges the validity of another person’s Will, Trust, Deed or any other transfers made during life. Undue influence claims often arise when the person who wrote the Will is elderly, in a… Read More »

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