Category Archives: Estate Trust Litigation
What Is Considered Exploitation Of The Elderly Under Florida Law?
Florida has comprehensive laws designed to protect the elderly and disabled from physical, psychological, and even fiscal harm. For example, Section 825.103 of the Florida Statutes addresses “exploitation of an elderly person or disabled adult.” An elderly person is defined here as a person who is at least 60 or is otherwise suffering from… Read More »
Florida Appellate Courts Divided Over Insurer’s Liability For Late Claims Against Probate Estate
Florida law promotes the timely settlement of probate estates. To that end, the state imposes a number of deadlines on creditors who wish to file claims against the personal representative of an estate. In most cases, a creditor must present a claim within three months of the personal representative’s publication of a formal notice… Read More »
The Potential Risks Of A Probate Estate With Multiple Personal Representatives
The personal representative (or executor) is the person responsible for administering a Florida probate estate. When the deceased left a will, that document will typically nominate someone to serve as personal representative, often a spouse, adult child, or other close relative or friend. In most cases, there is only one person named to serve… Read More »
What Is The Time Limit For Enforcing A Contract Against A Deceased Person’s Estate?
A person’s death does not necessarily terminate all of their contractual obligations. The other parties to the contract may seek performance from the probate estate of the deceased, and even take legal action if necessary to remedy a breach. That said, basic principles of contract law still apply and may provide a valid defense… Read More »
Can Someone Appeal A Probate Decision If They Are Not An “Interested Person”?
Not everyone has the legal right to challenge a will or participate in a probate proceeding. Florida law only recognizes such rights for “interested persons.” The statutory definition of an interested person is someone “who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” Broadly speaking, this group… Read More »
What Is The “Probate Exception”?
Probate is typically a state matter. In other words, any disputes regarding the administration of a probate estate must be tried under state law. Indeed, federal courts will typically abstain from intervening in state probate matters even when they would normally have jurisdiction. This principle is commonly referred to as the “probate exception” to… Read More »
How Does A Trust Help Me Avoid Probate?
Trusts are often described as legal vehicles to “avoid probate.” But what does that mean exactly? And why should anyone want to avoid probate in the first place? What Is Probate? Let’s start by defining probate. This refers to the process of administering a deceased person’s estate. A probate estate includes any assets that… Read More »
Why Do Probate Estates Need To Publish A “Notice To Creditors”?
Even in the age of social media, when government officials announce decisions on Twitter and Facebook, there are still some legal formalities that require the use of an old-fashioned printed newspaper. One such example is the “Notice to Creditors” that must be published for every Florida probate estate. Perhaps you have seen such notices… Read More »
The Limits Of The Federal Probate Exception
Federal courts often exercise what is known as diversity jurisdiction over civil litigation. “Diversity” in this context refers to a diversity in where the parties live. For example, if you are a Florida resident and sue a Georgia resident, even under Florida law, the defendant has the right to invoke diversity jurisdiction and have… Read More »
The Personal Representative’s Role In Collecting Money Owed To An Estate
When administering a probate estate, the personal representative may need to take legal action to collect any money or property owed to the estate. The personal representative has the same right to sue or be sued as the decedent. At the same time, the personal representative is also bound by any contractual arrangement signed… 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...