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Category Archives: Probate

Litigation

How Florida Probate Rules Prevent Creditors From “Jumping The Line”

By Mark R. Manceri, P.A. |

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 »

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Is A Person’s Interest In A Limited Liability Company A Probate Or Non-Probate Asset?

By Mark R. Manceri, P.A. |

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 »

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What are Probate and Non-probate Assets in a Pompano Beach Estate

By Mark R. Manceri, P.A. |

Distinguishing between probate and non-probate assets is an integral part of estate administration. This can be a time-consuming process for an executor or personal representative. Confusion over assets can also cause disputes between heirs and beneficiaries, requiring the assistance of a Pompano Beach probate vs. nonprobate assets attorney. When you are drafting or updating… Read More »

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The Fiduciary Duties of the Personal Representative of an Estate, According to Florida Law

By Mark R. Manceri, P.A. |

If a deceased relative has named you the personal representative of his or her estate, do not panic. Being a personal representative of an estate, also known as an executor or administrator in states other than Florida, is a job with a beginning and an end.  Serving as the personal representative of an estate… Read More »

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