Category Archives: Estate Trust Litigation
What is Undue Influence and How Does it Affect a Florida Probate?
Undue influence is said to occur when a person is able to control the actions of someone else based on the nature of relationship between the two people. Undue influence cannot occur between spouses under Florida law. The pressure this person imposes on the other overrides the victim’s power and ability to act freely…. Read More »
The Importance of Creating a Comprehensive Florida Estate Plan
Estate planning is often one of the most misunderstood areas of the law. People think about creating a Will or Trust, but fail to plan for possible incapacitation. The best estate plan should not only be concerned with distributing assets upon death, but it should help you prepare for your future physical and mental… Read More »
Handling Disputes with Health Care Surrogates in Florida
A health care surrogate is someone you grant permission to make medical decisions on your behalf when you are incapacitated and cannot make decisions yourself. The appointment is done through a Designation of Health Care Surrogate form. When you designate someone, it’s important to go over your wishes with them or there may be… Read More »
What Rights and Powers Does a Personal Representative Have in Florida?
When you name someone as the Personal Representative, of your Estate, this individual needs to be prepared to take on a lot of important duties. They also face strict court supervision in addition to the watchful eyes of family members and heirs. You can almost guarantee that family members and potential heirs will be… Read More »
What are the Grounds to Remove a Personal Representative in Florida?
If a problem develops with the personal representative during probate, you may want to remove the individual from their position. What do you do if the person is not doing a good job? It can be frustrating if you are a close family member and the personal representative is not treating the beneficiaries properly…. Read More »
Paternity Disputes and Florida Probate Litigation
There are occasions someone comes forward during probate to claim they are the deceased’s biological child. The name given to this person is the putative child. They may have to prove their paternity while the probate administration is pending. If the person turns out to be a biological child, then he or she may… Read More »
7 Ways a Fiduciary Breaches Their Duty in Florida Estate Cases
When you name someone as the executor in your Will or as the Trustee of your Trust, they have a duty to act in your beneficiaries’ best interests at all times. They cannot put their own needs ahead of those of the beneficiaries. This is known as a fiduciary duty. When someone breaches their… Read More »
How to Avoid Common Causes of Disputes in Your Florida Estate Plan
Unfortunately, no matter how well you think you know your family members, there is no way to predict how someone will act if you die or suddenly become incapacitated. It’s hard to imagine your family members turning on each other, especially over a possible inheritance. However, it happens far more frequently than you may… Read More »
What to Do if You Suspect a Florida Will Was Forged?
It’s unfortunate, but the number of suspected Wills is on the rise. Spotting them is not easy. This means if a subsequent will pops up during probate, there are grounds to dispute it. It’s important to make sure that you have a trusted friend or family member that you can ask to keep your… Read More »
How Digital Assets Can Cause Disputes in Your Florida Probate
Most people think about family members fighting over money and other tangible assets of value when someone passes away. However, there’s another type of asset that could hold significant value and is sometimes overlooked in estate plans — the digital asset. Digital assets can be valuable in several ways. For some assets, the value… 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...