Category Archives: Estate Trust Litigation
What Happens If A Will Goes Missing?
After a person has died, it is critical to locate and file the original, signed will with the appropriate probate court. Ideally, the deceased will have left their will in a safe-but-accessible place for their executor or another family member to locate. Many people choose to leave their original wills with their attorneys as… Read More »
Do Illegitimate And Adopted Children Have Inheritance Rights In Florida?
While there was a time when children born outside of marriage did not enjoy the same inheritance rights as those born to a married couple, the law no longer works that way. In Florida, a child who is born “out of wedlock,” or even one who is legally adopted by the parent, enjoys the… Read More »
The Legal Effects Of Making A New Will Vs. Making A Codicil
It is not uncommon for people to change their Wills several times during their lifetimes. The common practice is to simply make a new will each time. But some people choose to amend an existing will instead. This is done by signing a separate legal document known as a Codicil. From a legal standpoint,… Read More »
How Settling an Estate Lawsuit Can Still Lead to Additional Legal Issues
Estate and Trust litigation can be time consuming and expensive for the parties involved. Even when a dispute is settled, there may still be outstanding fees owed to the Personal Representative or Trustee. It is therefore important for all of the parties to be on the same page when it comes to such compensation… Read More »
How to Administer a Small Estate in Florida When the Deceased Left No Will
When a person leaves no Will, their heirs may be unsure of how to proceed when it comes to probate. Florida law provides for these Estates with no Wills, i.e. estates of intestate decedents. And a recent addition to the law actually makes it easier for heirs of smaller estates to administer their loved… Read More »
When Can You Remove the Personal Representative of a Florida Probate Estate?
The Personal Representative is the person responsible for administering a Florida probate estate. Also known as an executor, the Personal Representative has a fiduciary duty to all of the beneficiaries of the Estate. Unless the Personal Representative is also the sole beneficiary, they must not put their interests above those of the other beneficiaries…. Read More »
What Do the Words “Per Stirpes” Mean in a Florida Will or Trust?
If you read through a Will or Trust, you may see the Latin term “per stirpes” used when describing a beneficiary’s share. So what does this mean? Is it just an antiquated phrase used by probate lawyers? And is it something you need to think about as a potential beneficiary? By the Branch The… Read More »
How Choice of Law Can Affect Trust Litigation
A Trust is a legal document that gives certain property a trustee, which must then be administered on behalf of certain beneficiaries. But if a legal dispute arises over the administration–or even the validity–of the Trust, what state’s laws actually apply to the interpretation and enforcement of the trust documents? Put another way, where… Read More »
How Does a Florida Estate Deal with Creditor Claims?
Estate litigation does not always involve heirs of the deceased. Oftentimes there are disputes involving the creditors of the deceased as well. The Personal Representative is responsible for paying any valid creditor claims from the assets of the Estate. But what makes a claim valid? And what happens when there is not enough money… Read More »
Holographic Wills
Another situation you sometimes see is a person leaving a handwritten document as a Will. In legal terms this is called a “holographic” Will. This type of will may be valid in Florida, provided it follows the same witnessing requirements as a more traditional typewritten Will. Under Florida law, a valid Will must be… 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...