Category Archives: Estate Trust Litigation
How a Tragic Murder-Suicide Creates Probate Complications for the Survivors
Domestic violence is an all too common problem here in Florida. Many high-profile murder cases involve family members killing one another. And even when the killer is no longer alive to face criminal charges, there can still be significant estate and probate litigation arising from such horrific acts. Mother Files Wrongful Death Claim… Read More »
Can a Surviving Unmarried Partner Assert Any Rights in a Florida Probate Estate?
Florida law confers a number of legal rights on the surviving spouse of a deceased individual. For example, a surviving spouse has priority to be named personal representative of the deceased spouse’s estate, assuming there is no will naming someone else to serve in that role. And even when there is a will, the… Read More »
Are Florida Wrongful Death Awards Subject to Probate?
When someone dies as the result of the negligent or intentional act of another, the personal representative of the victim’s probate estate may file what is called a wrongful death lawsuit against the responsible parties. Wrongful death is a special type of personal injury claim created by Florida law. And while the victim’s estate… Read More »
What Happens to a Florida Homeowners Mortgage After They Die?
Florida has some of the strongest homestead protections in the country. This means that unsecured creditors generally cannot force you to sell your primary residence to satisfy a debt. But this protection does not cover a secured debt such as a mortgage. Obviously, if you fail to make your mortgage payments, the lender can–and… Read More »
Can a Florida Probate Estate Enforce Inheritance Rights Under Non-U.S. Laws?
Because Florida is home to many non-U.S. citizens, and many non-citizens own property in the state, it is not uncommon for foreign laws affecting inheritance rights to intersect with Florida’s probate system. Such cases can raise complex issues of law. And in many cases, Florida courts must look to and enforce the law of… Read More »
Can a Non-Beneficiary Try to Reopen a Florida Probate Estate?
A person may execute several different wills during their lifetime. Indeed, one reason we refer to a document as a “Last Will and Testament” is that, at the time of execution, it represents the testator’s final wishes. Typically, a Florida will contains language making it clear that this document revokes any prior wills the… Read More »
When Will a Florida Court Decline to Hear a Case Involving a Foreign Estate?
Florida is a second home for many people. This can present certain complications when it comes to probate litigation. For example, if there are rival probate proceedings initiated in Florida and another state or country, who has jurisdiction? Normally, Florida has jurisdiction over any probate property located within the state, such as real estate…. Read More »
Do You Need to Create a Trust If You Win the Lottery?
The popularity of multi-state lottery games has led to increasingly higher and higher jackpots. Mega Millions, which is played in 46 states, the District of Columbia, and the U.S. Virgin Islands, recently awarded a $1.602 billion jackpot on a ticket purchased right here in Florida. Although curiously, media reports identified the “winner” as a… Read More »
Can a Florida Will Be Used to Administer a Non-Florida Estate?
Making a will is a matter of state law. Here in Florida, a resident must follow certain requirements to execute a valid will. This includes having the testator sign their will (or directing someone to sign it in their presence) and having at least two witnesses present to acknowledge and attest to that signing…. Read More »
Who Has Priority to Serve as Executor of a Florida Estate When There Is No Will?
While it is always a good idea to have a last will and testament, there are many reasons why a person might die with no will. For instance, if a young person dies suddenly in an auto accident, there is a decent chance they did not have the forethought to make a will. In… 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...