Category Archives: Estate Trust Litigation
Executor Misconduct: What an Executor Can and Cannot Do in a Florida Probate
When someone is appointed as Personal Representative of an estate, they have a lot of responsibility. That is why you need to make sure the person you name as Personal Representative of your own Will is someone you completely trust. Executors have a list of things they are authorized to do. If they stray… Read More »
Removing a Personal Representative from a Pompano Beach Probate
The Personal Representative, is supposed to perform their duties and always act in the estate’s best interest and beneficiaries. What happens when this person is not doing their job? In some cases, they made genuine mistakes while other times they are acting intentionally. Either way, it’s still a breach of their fiduciary duty and… Read More »
What to Do in a Florida Probate When a Family Member was Financially Exploited?
It’s terrifying when you suspect that someone in your family is the victim of financial exploitation. What happens when you confirm this fact after they pass away? You may be in the middle of a probate administration and suddenly become aware of how manipulated they were. That is when you need to contact an… Read More »
What Is Florida’s Intestate Law?
When someone passes away without a Will or any other estate planning documents like a Trust, their estate would be handled under Florida’s intestate law. This is essentially a default tool for distributing property when the decedent didn’t leave any instructions behind. There are specific rules that designate who is entitled to any proceeds… Read More »
Common Mistakes When Drafting a Florida Will
Deciding to create a Law Will and Testament could be one of the most important decisions you make. If you are going to go through the time and expense to prepare one, you want to make sure it’s right. Mistakes can result in problems when you pass away. That can also mean significant disputes… Read More »
Inheritance Tax versus Estate Tax
Sometimes you may hear people use inheritance tax and estate tax as the same thing, but they are slightly different. Inheritance taxes are the responsibility of the individual heirs. The estate tax is what the estate owes, and it must be paid before any heirs receive proceeds. The estate’s Personal Representative is the one… Read More »
What is Florida Inheritance Litigation?
Any legal dispute that arises over a Decedent’s assets could be classified as inheritance litigation. There are many reasons that disputes arise during probate administration. When a dispute does arise, and there’s a chance for inheritance litigation in Florida, you need to contact an experienced Pompano Beach estate & trust litigation attorney. Some people… Read More »
Personal Representative’s Duties and Determining Ownership of Assets in a Florida Probate
One of the duties a Personal Representative has in probate is to compile an inventory of the Decedent’s assets. They have to determine the asset’s correct ownership to know whether or not it needs to be included in the probate inventory. Depending on how an asset is titled, it may not need to go… Read More »
3 Types of Cases a Pompano Beach Estate Litigation Attorney Handles
Some people mistakenly assume that estate litigation and estate planning are the same things. However, there are significant differences between these two areas of the law. Estate planning attorneys deal with helping you plan your Will, Trust, etc., while you are still alive. An estate litigation attorney specializes in handling the disputes that arise… Read More »
How to Determine Which Assets are Subject to Probate in Florida
During a probate administration, one of the most critical tasks is determining which assets will go through probate and which ones are non-probate assets. People can revisit their estate plans while still alive to remove certain assets that would’ve been handled under probate by changing the title or ownership. Because of this, disputes may… 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...