Pompano Beach Estate & Trust Litigation Lawyer
The Attorney to Turn to for Estate and Trust Litigation in Broward County
For over 40 years, attorney Mark R. Manceri has been helping the people of Broward County solve their legal needs in the areas of Florida estates, trusts and guardianship litigation. Probate and estate administration are confusing and emotionally difficult times for many, and having to confront disputes can be especially taxing. Nevertheless, now is a crucial time to protect your rights and interests before they are diminished or lost due to the nonperformance or neglect of a trustee, or in a battle over a contested will. Mark R. Manceri, P.A. can take on the burden of looking out for you during this time, making sure you are fairly treated and not taken advantage of in the Florida probate process or trust administration. Contact an experienced Pompano Beach estate & trust litigation lawyer today.
Estate, Trust, and Probate Litigation in Pompano Beach, FL
Mark R. Manceri has been at the forefront of estate and trust litigation in Broward County for decades and has achieved significant results in important cases involving large estates and complex legal issues. Estate disputes can be emotionally charged and legally complex, especially in a place like Pompano Beach, Florida, where many residents have significant assets, properties, and retirement savings. Whether disputes arise over a will, a trust, or the probate process itself, it is crucial to have experienced legal representation. Mark R. Manceri, P.A. has extensive experience handling estate, trust, and probate litigation in Pompano Beach and throughout Broward County, ensuring that clients’ rights and interests are fully protected. Mark R. Manceri, P.A, is known for taking on the bigger cases and providing top-quality representation. Some of the issues we deal with include:
Probate Litigation – Allegations of undue influence on a testator making a will, the presence of multiple wills or issues with a revoked will or no will at all, dealing with issues related to omitted heirs.
Trust Litigation – Issues concerning the validity of a trust, questions regarding trustee performance and actions, or the breach of fiduciary duties and beneficiary disputes.
While litigation is a large part of the firm’s practice, we take on a significant amount of estate and trust administration as well. This comprehensive approach means we have the knowledge and experience to understand your issue and find a creative solution, no matter how large or complex the problem.
Estate Litigation
Estate litigation encompasses legal disputes related to wills, trusts, and other estate planning documents. Some common issues that lead to estate disputes include:
- Will Contests: Challenges to the validity of a will based on allegations of undue influence, fraud, or lack of capacity.
- Breach of Fiduciary Duty: Legal action against executors, trustees, or personal representatives who fail to uphold their legal duties.
- Undue Influence Claims: Cases where one party alleges that a vulnerable individual was pressured into changing their will or trust.
- Lack of Testamentary Capacity: Claims that a person lacked the mental capacity to legally execute a will or trust.
- Disputes Over Asset Distribution: Beneficiaries may challenge how assets are distributed, particularly when there are ambiguities or conflicting interpretations.
Florida law provides several legal remedies in estate disputes, but navigating these claims requires the assistance of an experienced estate litigation attorney like Mark R. Manceri, P.A.
Trust Litigation
Trusts are commonly used to protect assets and manage wealth, but they can also become the subject of legal disputes. Trust litigation often arises in cases involving:
- Trustee Mismanagement: If a trustee fails to manage a trust properly, violates its terms, or acts in bad faith, legal action may be necessary.
- Beneficiary Disputes: Conflicts among beneficiaries over trust distributions or trust amendments.
- Allegations of Fraud or Coercion: Situations where beneficiaries or third parties claim that a trust was improperly created or altered.
- Accounting Disputes: Beneficiaries may request a formal accounting of trust assets and challenge discrepancies.
Trust litigation requires an attorney skilled in both trust administration and courtroom advocacy. Mark R. Manceri, P.A. provides dedicated representation for individuals involved in trust disputes, working to protect their rights and ensure that trust terms are properly enforced.
Probate Litigation
Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid and assets are distributed according to a will or Florida intestacy laws. When disputes arise, probate litigation may be necessary. Common probate litigation issues include:
- Disputes Over Will Validity: Interested parties may challenge a will’s legitimacy if they suspect undue influence, fraud, or lack of capacity.
- Executor Misconduct: Executors have fiduciary responsibilities, and failure to fulfill these duties can lead to litigation.
- Heirship Disputes: In cases where no valid will exists, disputes may arise over who is entitled to inherit.
- Creditor Claims: Legal disputes can emerge when creditors seek payment from the estate, potentially reducing the inheritance for beneficiaries.
- Spousal Rights and Elective Share Disputes: Florida law provides surviving spouses with certain rights to an estate, which can lead to conflicts if disputed.
The probate process can be complicated, and litigation may significantly extend the time required to settle an estate. Having an experienced attorney like Mark R. Manceri, P.A. can make a significant difference in resolving these disputes effectively.
Relevant Florida Laws Governing Estate, Trust, and Probate Litigation
Florida has specific statutes that govern estate, trust, and probate litigation. Some key legal principles include:
- Florida Probate Code (Chapters 731-735, Florida Statutes): This governs the probate process, including administration, intestate succession, and will contests.
- Florida Trust Code (Chapter 736, Florida Statutes): Covers trust creation, administration, and litigation.
- Florida Homestead Laws (Article X, Section 4 of the Florida Constitution): Provides protections for a decedent’s primary residence, which can impact inheritance disputes.
- Elective Share Law (Florida Statutes §732.201-732.2155): Grants surviving spouses a right to claim a portion of an estate, even if excluded from the will.
- Statute of Limitations: Florida law limits the time frame for bringing estate-related claims, with deadlines varying based on the type of dispute.
Understanding these laws is critical when dealing with estate, trust, or probate litigation. Mark R. Manceri, P.A. has extensive knowledge of Florida estate law and helps clients navigate these complex legal matters.
The Estate Litigation Process in Pompano Beach, FL
When estate, trust, or probate disputes arise, the legal process typically follows these key steps:
1. Case Evaluation and Legal Consultation
The first step is meeting with an experienced estate litigation attorney to review the facts, assess the legal issues, and determine the best course of action.
2. Filing a Petition or Lawsuit
Estate or trust disputes often begin with filing a formal petition in court, such as a will contest or a claim against a trustee or executor.
3. Discovery Process
Both parties gather evidence, exchange documents, take depositions, and review financial records to build their case.
4. Mediation or Settlement Negotiations
Many estate disputes can be resolved through mediation, where parties work toward a negotiated settlement to avoid lengthy court proceedings.
5. Court Hearings and Trial (If Necessary)
If a resolution cannot be reached, the case may proceed to trial, where a judge will determine the outcome based on evidence and legal arguments.
6. Appeals (If Applicable)
If a party disagrees with the court’s decision, they may file an appeal to challenge the ruling in a higher court.
Throughout this process, having an experienced attorney like Mark R. Manceri, P.A. can help protect your rights and interests.
The Broward County Courthouse: Where Estate Litigation Takes Place
Estate, trust, and probate cases in Pompano Beach are handled at the Broward County Courthouse, located at:
Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, FL 33301
This courthouse oversees probate matters, including will contests, estate administration, and fiduciary disputes. Understanding local court procedures is crucial when handling estate litigation cases, and Mark R. Manceri, P.A. is well-versed in the processes of the Broward County court system.
Florida Estate, Probate & Trust Litigation FAQs
What is estate litigation, and when does it occur in Pompano Beach?
Estate litigation involves legal disputes over a deceased person’s estate, such as will contests, executor misconduct, or beneficiary disputes. It typically occurs when heirs, beneficiaries, or other interested parties challenge the validity of a will, asset distribution, or the actions of an estate administrator.
What are the common reasons for probate litigation in Pompano Beach?
Probate litigation may arise due to disputes over the validity of a will, allegations of undue influence, lack of mental capacity, executor misconduct, creditor claims, or conflicts between beneficiaries over asset distribution.
Can I contest a will in Pompano Beach, and what are the grounds for doing so?
Yes, you can contest a will in Florida. The common grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or the existence of a more recent valid will.
How long does the probate litigation process take in Pompano Beach?
The duration of probate litigation varies based on complexity. Simple disputes may resolve in a few months, while complex cases involving multiple parties, extensive assets, or court trials may take years.
What are the responsibilities of a trustee in a trust litigation case?
A trustee must manage trust assets responsibly, follow the trust’s terms, act in the beneficiaries’ best interests, provide accurate accounting, and avoid conflicts of interest. Failure to do so may lead to legal action for breach of fiduciary duty.
What happens if a trustee mismanages a trust in Pompano Beach?
If a trustee mismanages a trust, beneficiaries can file a lawsuit to remove the trustee, recover lost assets, or seek damages for financial harm. Courts may also order a forensic accounting to track mismanagement.
What rights do beneficiaries have in estate and trust litigation?
Beneficiaries have the right to receive what is designated in the will or trust, demand transparency in financial management, contest fraudulent or unfair decisions, and take legal action if they suspect wrongdoing.
What is undue influence, and how does it affect estate disputes?
Undue influence occurs when someone pressures a vulnerable person into changing their estate plan against their free will. If proven, a court may declare the will or trust invalid and reinstate a prior version.
Can creditors make claims against an estate in probate litigation?
Yes, creditors can file claims for outstanding debts against a deceased person’s estate. Florida law sets deadlines for creditors to submit claims, and disputes can arise over the validity or priority of claims.
How can Mark R. Manceri, P.A. help with estate, probate, and trust litigation in Pompano Beach?
Mark R. Manceri, P.A. provides experienced legal representation in estate disputes, probate litigation, and trust conflicts. He helps clients protect their rights, resolve disputes, and navigate complex Florida estate laws efficiently.
Serving Pompano Beach and Surrounding Areas
- Boca Raton
- Coral Springs
- Deerfield Beach
- Fort Lauderdale
- Hollywood
- Parkland
- Plantation
- Pembroke Pines
- Pompano Beach
- Broward County
- Harbor Village
- Santa Barbara Estates
- Cypress Creek Estates
- Snug Harbor
- Garden Isles
- Hillsboro Shores
- Cresthaven
- Pompano Isles
- Cypress Bend
- Kendall Green
- Lighthouse Point
- Oakland Park
- Coconut Creek
- Margate
- Wilton Manors
- Lauderdale-by-the-Sea
- Tamarac
At Mark R. Manceri, P.A., you know you’ll be working with a top-quality attorney
Attorney Mark R. Manceri is certified as a specialist in wills, trusts and estates by The Florida Bar Board of Legal Specialization. This distinction is a recognition of an attorney’s specialized knowledge, skill and proficiency in the field, as well as an endorsement of the lawyer’s ethics and professionalism in practice. Mr. Manceri has also been rated AV Preeminent by Martindale-Hubbell, which is the highest level of achievement recognized by this leading national lawyer rating service.
Mr. Manceri is additionally a certified public accountant (CPA) admitted to practice before he U.S. Tax Court. This finance and accounting background further enables Mr. Manceri to serve his client’s estate planning and administration needs with a high level of knowledge and skill.
When disputes arise over estates, trusts, or probate matters, having an experienced attorney can make all the difference. Mark R. Manceri, P.A. provides:
- Strategic Legal Guidance: Helping clients understand their rights and legal options.
- Aggressive Representation: Fighting for clients’ interests in court or negotiations.
- Comprehensive Case Analysis: Thoroughly reviewing documents and evidence to build a strong case.
- Efficient Dispute Resolution: Striving for favorable outcomes through mediation and litigation.
With years of experience in estate and trust litigation, Mark R. Manceri, P.A. is committed to helping clients in Pompano Beach protect their inheritances and ensure fair estate administration. If you are facing an estate dispute, contact Mark R. Manceri, P.A. today for expert legal assistance.
Meeting the needs of beneficiaries and administrators of Broward County estates
From our office conveniently located just off Federal Highway (US Route 1), we serve clients from Fort Lauderdale to Boca Raton and all points in between throughout Broward County, as well as clients anywhere in the world with issues involving a Broward County estate. We offer a free initial consultation as well as a variety of payment options to meet your needs, including affordable hourly rates and contingency fee arrangements in appropriate cases. Our Pompano Beach estate & trust litigation lawyers are available after hours by appointment, and both English and Spanish are spoken in the office to better meet your needs. Give us a call at 954-491-7099 or contact us online to make sure your estate and trust litigation needs are fully met.
