Monthly Archives: August 2024
Can a Florida Probate Court Appoint Someone Other Than a Spouse as Personal Representative?
In making a will, you have the opportunity to nominate someone to serve as the personal representative of your probate estate. For the most part, you can appoint anyone you wish to serve in that role. Florida law bars certain classes of people from acting as a personal representative, including minors and anyone convicted… Read More »
What Is the “Rule Against Perpetuities”?
In common law, there is a principle known as the rule against perpetuities (RAP). In its original form, the RAP provided that you could not use a legal instrument, such as a deed or will, to create an interest in real or personal property that vests more than 21 years after the death of… Read More »
What Happens to an Estranged Spouse’s Estate If the Divorce Was Not Final?
Under Florida law, divorce automatically terminates most of a person’s rights with respect to their former spouse’s estate planning. For example, a divorce revokes any provision of a will or trust leaving an interest to an ex-spouse. The same would apply for any beneficiary designation on a life insurance policy or retirement account, unless… Read More »
What Is an “Adversary Proceeding” in a Florida Probate Estate?
The process of administering a Florida probate estate is generally not adversarial. That is to say, a probate proceeding does not typically involve litigation. The personal representative appointed to administer the estate simply gathers any probate assets, pays any debts and expenses, and distributes whatever remains to the heirs or beneficiaries of the decedent…. Read More »
Suing a Trustee vs. Suing an Individual in Trust Litigation
A trustee is a fiduciary who oversees the administration of a trust. Typically, if a person wishes to sue the trust, they sue the trustee in their fiduciary capacity. In other words, they are not suing the trustee individually. Of course, there are situations where someone may need to sue the trustee in their… Read More »
Florida Court Dismisses Trust’s Lawsuit Against Grantor’s Estate Over “Unpaid Rent”
Estate planning trusts are commonly used to hold and manage real estate. Indeed, many Florida residents take advantage of trusts to own and transfer their personal residences outside of the normal probate process, while still preserving their ability to keep living at home during their lifetimes. While such arrangements usually benefit all parties involved,… Read More »
Can a Florida Estate Sue a Non-Florida Law Firm?
When a Florida plaintiff wants to sue a non-Florida defendant, it is necessary for the plaintiff to establish that a Florida court has “personal jurisdiction” over the defendant. This is typically accomplished through Florida’s Long-Arm Statute. Basically, the plaintiff must demonstrate the defendant has sufficient “minimum contacts” with Florida such that the defendant could… Read More »
How Long Does a Creditor Have to File a Civil Lawsuit Against a Florida Probate Estate?
Florida’s Probate Code spells out a number of procedures that must be strictly followed when administering a deceased individual’s estate. Many of these procedures deal with creditor claims, such as demands for payment of debts owed by the decedent at the time of their death. The first step in this process is for the… Read More »
Can You Enforce an Oral Contract Against the Widow of a Deceased Debtor?
Many of us have lent money to family members at one time or another. In most cases, there is no written contract or agreement specifying repayment terms for such loans. An oral agreement is often thought to be sufficient. Florida Courts Reject Attempt to Collect on 20-Year-Old Oral Loan Agreement Of course, when one… 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...