Monthly Archives: June 2024
Does a Power of Attorney Let You Act as Someone’s Lawyer?
A power of attorney is a legal document designating someone to act as your agent for certain purposes. For example, if you want to sell your home but cannot be present at the closing, you could sign a limited power of attorney authorizing an agent to sign the closing papers on your behalf. In… Read More »
Can a Florida Judge Order an Investigation into a Trustee Without Warning?
Special needs trusts are a legal tool used to help individuals retain their eligibility for public assistance programs like Medicaid, which impose strict income and asset limits. In some cases, it may be impractical to establish a dedicated special needs trust for a single beneficiary. So instead, a Florida court may authorize transferring certain… Read More »
Do Witnesses to a Will Actually Have to Testify in Court?
Florida law has strict requirements when it comes to witnessing a last will and testament. The person executing the will–who is known as the testator–must sign the written will in the presence of at least two witnesses. The witnesses can be effectively anyone. State law only requires that they be a “competent” person, i.e.,… Read More »
Who Gets Paid First When a Florida Probate Estate Is Insolvent?
Before any heirs or beneficiaries of a Florida probate estate can receive an inheritance, certain debts and expenses of the deceased must be paid. Indeed, it is not uncommon for an estate to be “insolvent,” meaning there are insufficient assets to pay all of the accumulated debts and expenses. So if there is not… 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...