Category Archives: Estate Trust Litigation
Can My Ex-Spouse Contest My Will?
While a divorce legally dissolves a marriage, it does not necessarily sever all legal and financial ties between former spouses. In some cases, an ex-spouse may continue to be a beneficiary under a Will, Trust, or beneficiary designation. At the same time, divorce does significantly alter the legal ability of a former spouse to… Read More »
Who Is Not Allowed to Serve as the Personal Representative of a Florida Probate Estate?
One of the first legal questions that come up after a person dies is, “Who will serve as the Personal Representative of their Estate?” The answer to this question is important. The Personal Representative is the person who is legally responsible for gathering the Estate’s assets and distributing them to the deceased person’s heirs… Read More »
Can a Potential Beneficiary Contest a Still-Living Person’s Trust?
It is not uncommon for family members to express displeasure with changes to a loved one’s trust. In some cases, the disgruntled family member may even want to file a legal contest to a trust or its amendments. But when is that even permissible? Can anyone challenge a trust, even if the person who… Read More »
How Contractual Obligations Can Follow Your Trust or Estate After You Die
In general, you are free to make a will or trust free of outside restrictions. However, if you have previously entered into a legal contract where you agree to make certain provisions in your estate plan, the other party can turn around and sue your estate or trust if you did not hold up… Read More »
How Failing to Follow the Rules Can Invalidate a Florida Will
One of the easiest ways to encourage a challenge to your will is not to observe the proper legal formalities. A last will and testament need not be a long, complicated document. But it does need to comply with certain basic legal requirements. Failure to comply can make it much easier for a disgruntled… Read More »
How an Unclear Gift in a Will or Trust May Lead to Probate Litigation
Sometimes estate and probate litigation is the result of a dispute over the validity of a deceased person’s actions. Other times, it is clear the decedent had the ability to act, but perhaps their intentions were unclear. And anytime there is ambiguous language in a will or trust, potential beneficiaries may initiate litigation simply… Read More »
How Do You Determine the Value of a Florida Probate Estate?
The famous musician Prince died in 2016. Yet even now in 2021, his probate estate remains in legal limbo. Prince died without leaving a will and his estate has six surviving siblings, who have spent the past four-plus years trying to sort out his estate. One of the key issues, according to a recent… Read More »
Testamentary Capacity at the Time of Execution
Courts are generally reluctant to invalidate Wills, unless a beneficiary or heir can provide proof of one of a few types of fraud, including forgery, undue influence, and a lack of testamentary capacity. Even when there is evidence of one of these kinds of fraudulent activities, a Court will only review allegations through a… Read More »
What Type of Evidence is Used to Prove Forgery?
There are only a few different ways to invalidate a Will in Florida, one of which is to prove that the document doesn’t actually represent the wishes of the alleged testator, but is a forgery. Proving that someone else (besides the testator) wrote, signed, or modified a will without that person’s consent can, however,… Read More »
Common Types of Disputes with a Florida Power of Attorney
Creating an estate plan is an emotional process. You have to think about how your choices will affect your loved ones. Will you cause an argument between family members if you opt to leave an asset to a particular family member? Not only do you need to think about what to leave to who,… 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...