Category Archives: Estate Trust Litigation
What Happens When a Florida Probate Lawyer Has a Conflict of Interest?
Probate disputes in Florida can lead to litigation. This means a trial before a judge who must hear witness testimony with respect to the underlying issue, such as a contested will. In some cases, this can present certain legal conflicts, particularly when the attorney who prepared the will may also end up as a… Read More »
3 Questions to Ask Before Contesting a Will in Florida
It is not unusual for someone to be shocked or angered when they are excluded from a loved one’s will. For many people in this situation, their initial response may be to try and contest the will. But will contests are rarely actually filed in Florida–and even more rarely succeed. With that in mind,… Read More »
Does a Florida Estate Have to Pay Civil Fines Assessed Against the Deceased?
Although civil lawsuits against a deceased defendant may continue against their estate after their death, criminal cases typically die with the accused. After all, you cannot prosecute a dead person. The general rule is that a criminal prosecution must be suspended or “abated” once the court is notified of the defendant’s death. Even in… Read More »
Are Second Cousins Legal Heirs of an Intestate Estate in Florida?
When there is no will for a probate estate in Florida, state law determines who will inherit the decedent’s (deceased person’s) property. In cases where the decedent was not married at the time of their death, Section 732.103 of the Florida Statutes specifies the following order of inheritance: the descendants of the decedent, i.e.,… Read More »
Is “Adult Adoption” Necessary for Someone to Inherit from Your Florida Estate?
Retired National Football League player Michael Oher recently made national headlines after filing a petition in Tennessee state court to end a conservatorship created by a couple who allegedly told them they had adopted them as their son. According to an NBC Miami report, when Oher was 18 years old and living in the… Read More »
How Prenuptial Agreements Can Affect a Spouse’s Right to Administer a Florida Probate Estate
A person dies “intestate” when they have no will. Florida law directs the administration of intestate probate estates. Among other things, the law establishes who has “preference” when it comes to being named personal representative of the estate. Under Section 733.301 of the Florida Statutes, if the deceased person (decedent) was married at the… Read More »
Do You Need Specific Language to Create a Trust in Florida?
A trust is a legal arrangement where a Settlor or Grantor transfers property to a Trustee. The trustee then assumes a fiduciary duty to administer the trust property in the interest of a beneficiary. In Florida estate planning, we often use trusts to hold and distribute property outside of the probate process. Indeed, trust… Read More »
What Is the Difference Between a Joint Account and a Convenience Account in Florida?
Normally, when you have a joint bank account with another person, you are both the legal owners of the account. Either of you can make deposits to, or withdrawals from, the account. And if either of you dies, the account automatically passes to the survivor outside of the probate process. But there are also… Read More »
What Acts Can an Agent Never Perform Under a Florida Power of Attorney?
A power of attorney allows you to grant another person–known as an “agent”–the right to take certain actions on your behalf. To give a simple example, you might sign a power of attorney granting your agent the authority to sell a piece of real estate you own. In estate planning, general durable powers of… Read More »
Can a Spouse Waiver Their Homestead Rights Under the Florida Constitution?
While Florida residents are generally free to distribute their property as they wish through a will or trust, there are some notable exceptions. For example, if a person is married, they are not allowed to “devise” their primary residence to someone other than their spouse. This is known as “homestead rights” and it is… 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...