Category Archives: Estate Trust Litigation
Understanding the Responsibilities of an Executor in a Florida Probate
When someone is named as the executor of a person’s will, they will be tasked with a lot of responsibility. There are fiduciary duties and legal responsibilities that must be carried out, otherwise the probate may drag on unnecessarily. The appointment of a particular executor can also lead to disputes, where heirs might raise… Read More »
How the Elective Spousal Share Could Impact Your Florida Estate Plan
If you have not heard of spousal elective share, it’s a term you should become familiar with, otherwise there is a chance your Florida estate plan could be in for a possible derailment. The concept of elective share only applies in some jurisdictions, Florida being one of them. The premise behind elective share is… Read More »
What is a Florida Ancillary Probate?
If someone is not a resident of Florida but they own property in the state, an ancillary probate could be required when they die. The property could be a home, apartment or condo, vacant lot, commercial buildings, or another type of real estate somewhere in Florida. Only property titled in the non-resident’s name would… Read More »
Can You Use an LLC for Your Florida Estate Planning Needs?
Proper estate planning is important. It can help reduce potential conflicts and litigation related to your estate or trust, especially when you pass away. The idea behind estate planning is to make things easier for your loved ones in the event of your death, you don’t want to complicate matters and have your estate… Read More »
Be Sure Your Charitable Gifts Don’t Cause Problems with Your Florida Estate Plan
When you are considering giving to a charity, you should consider the legal ramifications of your donation and ensure that the charities you are choosing are not scams or involved in any illegal activities. Giving to charities has become a more popular aspect of estate planning. In some cases it is through charitable gifts… Read More »
What to Know about Terminating a Florida Irrevocable Trust
When someone sets up a Trust, the primary benefit is to serve the needs of its beneficiaries. And, the Trustee appointed has a fiduciary duty to represent the interests of those beneficiaries. If the time comes where a Trust is no longer meeting those needs or the Trust’s purpose has been achieved, then it… Read More »
How Long Do You Have to Contest a Will in Florida?
The time to contest a will in Florida will vary based on circumstances. Generally, the time frame can be relatively short. In general, you have 3 months after the Notice of Administration is provided by the Estate’s Personal Representative. If you have already received a formal notice of the probate proceeding before the Will… Read More »
Protecting Yourself from Liability as a Trustee in Florida
Accepting the responsibility to be a trustee is something that should not be taken lightly. It is a huge responsibility, and you are putting yourself at risk of facing legal problems if something goes wrong. As a trustee, it is generally recognized that you have a lot of integrity and can be trusted with… Read More »
How a Pompano Beach Estate Plan Can Help You Avoid Potential Disasters
Estate planning is a topic that people like to avoid talking about. And, it makes sense — most people don’t want to think about their own mortality. However, estate planning is a very important topic that should not be pushed to the side. Even if you don’t have any assets, it’s important to develop… Read More »
What Does Decanting a Trust in Florida Mean?
Have you created an irrevocable trust in Florida? Was this done recently, or was it done years ago? If you created it prior to 2007, an irrevocable trust was just that, irrevocable. This means it could not be revoked or changed in any way. However, the answer on whether an irrevocable trust can 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...