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How an Unclear Gift in a Will or Trust May Lead to Probate Litigation


Sometimes estate and probate litigation is the result of a dispute over the validity of a deceased person’s actions. Other times, it is clear the decedent had the ability to act, but perhaps their intentions were unclear. And anytime there is ambiguous language in a will or trust, potential beneficiaries may initiate litigation simply to decipher what the decedent actually meant.

To give a simple hypothetical example, suppose you came across a last will and testament that said, “I leave my house to my sister.” If the decedent only has one house and one sister, then this language is probably fine. But what if the decedent had two sisters? Or two houses? Taking the language of the will at face value, a probate court could not easily determine the decedent’s actual intentions.

Contact Florida Estate Litigation Attorney Mark Manceri Today

One lesson from this story is that if you intend to make specific gifts to a public or charitable organization in your will or trust, it is a good idea to get in contact with these groups beforehand to let them know of your intentions. This can help avoid any potential misunderstandings after you die, and are of course no longer in a position to clarify matters.

But even with the best-written will or trust, litigation is sometimes inevitable. That is when you need to work with a qualified Pompano Beach estate & trust litigation attorney who has experience in dealing with these kinds of lawsuits. Contact the offices of Mark R. Manceri, P.A., today to speak with an attorney who is Board-certified in wills, trusts, and estates.


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