Category Archives: Estate Trust Litigation
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 »
Is a Will Valid If It Is Handwritten?
In the age of computers, it is fairly uncommon to come across a legal document that is written out by hand. But it does happen. And this can lead to some complications, particularly if the legal document in question purports to be someone’s last will and testament. In legal terms, a will written out… Read More »
How Much Time Does a Creditor Have to File a Lawsuit Against an Estate?
Florida probate law imposes a set of deadlines on creditor claims against an estate. The basic rule is that a creditor must present a claim to the personal representative of the estate within the later of 30 days after being served a notice of the estate’s probate or 3 months after said notice is… Read More »
Time Limitations to Challenge a Trust in Florida
The process of challenging a trust is complex and can take a toll on any individual. It involves legal and financial intricacies that require the services of an experienced attorney. One of the most important aspects to understand when filing a claim against a trust is the time limitations in place. If you are… Read More »
The 5 Risks of Being Personal Representative
Being appointed Personal Representative is an honor, but it comes with many risks. A Personal Representative is responsible for managing the estate of a deceased individual. This entails a lot of work and responsibility, and the executor may face many challenges throughout the process. If you were appointed Personal Representative in Florida – you… Read More »
Who Has the Right to Make Funeral Arrangements in Florida?
Florida Statutes § 497.005(43) gives certain “legally authorized persons” the right to make funeral arrangements. The right to make decisions regarding the decedent’s body and funeral services goes to the following individuals in this particular order: The deceased person, if they left written directions for the funeral before their death; The deceased person’s surviving… Read More »
What Does an Estate Litigation Lawyer Do?
The passing of a loved one can be extremely heart-wrenching and emotionally difficult to deal with. However, things can quickly become even more complex if legal disputes arise over their estate, last will, or testament. Estate litigation lawyers are specialized attorneys who assist with managing potential disputes and finding the right solutions for all… Read More »
What Is a No-Contest Clause in a Will?
Contesting a will can be a challenging and lengthy process, but what if the will you are trying to contest has a no-contest clause? This clause essentially disincentivizes beneficiaries from challenging the validity of a will by forfeiting their inheritance if they do. Our Pompano Beach estate litigation lawyer at Mark R. Manceri, P.A.,… 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...