Category Archives: Probate
When an Heir Loses Everything Because of How the Decedent Died
Most estate disputes revolve around what a will says or whether it was properly executed. A smaller but far more serious category of cases asks a different question entirely: did the person set to inherit have something to do with the decedent’s death? Florida law has a direct answer, and it does not leave… Read More »
The Two-Minute Document That Can Decide a Florida Will Contest
Most people who sit down to sign a will never think twice about the extra page stapled to the back of it. It has a notary block, a little sworn language, and a place for the witnesses to sign again. It takes maybe two minutes to complete. Yet that single page, known as a… Read More »
How Do You Tell If an Asset Is Probate or Non-Probate?
An important task in Florida estate administration is distinguishing probate and non-probate assets. An estate consists of a deceased person’s probate assets. Other assets that a person owned, co-owned, or controlled may be classified as non-probate assets. Only probate assets are subject to administration under a person’s will, or in the absence of a… Read More »
What Happens to the Assets of a Florida LLC When the Sole Member Dies?
Many self-employed individuals in Florida create a limited liability company (LLC) to manage their business. An LLC combines the features of a corporation and a sole proprietorship. That is to say, the LLC protects the individual member’s personal assets from business creditors. But the IRS “disregards” the LLC’s existence for income tax purposes, so… Read More »
How Are Non-Probate Assets Distributed in Florida
When a Florida resident dies, an estate may be opened to dispose of any probate assets they owned. Note the qualified “probate assets.” A person may have owned or controlled a substantial amount of property during their lifetime yet left no probate assets for their estate. The reason this is possible is that there… Read More »
What Assets Should Be Listed for Probate?
Probate is the legal process that examines a person’s will and validates it to distribute the assets to the beneficiaries. It is a crucial process that helps to ensure that the intentions of the deceased are executed according to their will. However, not all assets are subject to probate. If you are drafting a… Read More »
What Are Probate And Non-Probate Assets?
It is important to understand the difference between probate/non-probate assets when it comes to estate planning in Florida. Probate assets are those that pass through a will or trust, while non-probate assets are those that do not require a probate court proceeding in order to be distributed. The Pompano Beach probate vs. non-probate assets… Read More »
What Makes A Power Of Attorney Invalid?
When granting someone power to manage your finances or make decisions on your behalf, it is important to understand the legal steps necessary to create a valid power of attorney (POA). It is equally as important to recognize what can make a power of attorney invalid in the state of Florida. Pompano Beach estate… Read More »
How Florida Probate Rules Prevent Creditors From “Jumping The Line”
When administering a Florida estate, the executor or personal representative must pay any debts or expenses of the estate from the available assets. If there are insufficient assets to pay everyone, the law spells out the order in which different classes of creditors are paid. For example, the highest class is the expenses related… Read More »
Is A Person’s Interest In A Limited Liability Company A Probate Or Non-Probate Asset?
A common source of estate litigation in Florida is the question of what is considered a “probate” asset in the first place. For example, it is well understood that assets placed in a trust or subject to a payable-on-death designation are non-probate assets. But other assets may fall into more of a gray area… 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...