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Pompano Beach Estate & Trust Litigation Lawyer > Coral Springs Estate, Probate & Trust Litigation Lawyer

Coral Springs Estate, Probate & Trust Litigation Lawyer

Coral Springs, Florida, is a thriving city in Broward County known for its well-planned communities, excellent schools, and high-value real estate. With substantial assets often comes the potential for disputes over wills, trusts, and estate administration. When conflicts arise over inheritance, executor misconduct, or trust mismanagement, estate litigation may become necessary.

Mark R. Manceri, P.A. is a highly skilled Coral Springs estate litigation lawyer with extensive experience handling estate, probate, and trust litigation throughout Broward County. Whether you are a beneficiary, trustee, or executor, having experienced legal counsel is crucial to protecting your rights and resolving disputes efficiently.

Understanding Estate Litigation in Coral Springs, FL

Estate litigation refers to legal disputes that arise regarding a deceased person’s estate. Common reasons for estate disputes include:

  • Will Contests: When heirs or interested parties challenge the validity of a will, citing undue influence, fraud, or lack of testamentary capacity.
  • Executor Misconduct: If an executor fails to perform their fiduciary duties, such as mismanaging assets or failing to distribute them properly, they can be removed or sued.
  • Undue Influence Allegations: When someone pressures or manipulates a vulnerable individual into altering their estate plan.
  • Lack of Testamentary Capacity: If a person lacked the mental capacity to create a valid will, it may be legally challenged.
  • Disputes Over Asset Distribution: Conflicts among beneficiaries over the interpretation or fairness of asset distribution.

Estate litigation can be complicated, particularly when large assets, business interests, or real estate holdings are involved. Mark R. Manceri, P.A. provides strong legal advocacy to ensure that estate disputes are resolved in accordance with Florida law.

Trust Litigation

Trusts are widely used to manage wealth and avoid probate, but they can also lead to disputes. Trust litigation commonly arises from:

  • Breach of Fiduciary Duty: When a trustee mismanages trust assets, fails to distribute funds correctly, or acts in their own interest instead of the beneficiaries’.
  • Beneficiary Disputes: Conflicts between beneficiaries regarding the distribution or interpretation of trust terms.
  • Fraud or Coercion: Allegations that a trust was created or altered under fraudulent circumstances or undue influence.
  • Accounting Disputes: Beneficiaries have the right to a clear and accurate accounting of trust assets, and disputes can arise if records are incomplete or misleading.

Trust litigation can be complex, requiring a deep understanding of Florida trust law. Mark R. Manceri, P.A. provides aggressive representation for individuals involved in trust disputes to ensure their rights are protected.

Probate Litigation

Probate is the legal process through which a deceased person’s assets are distributed and debts are paid. Probate litigation may arise due to:

  • Will Disputes: When heirs contest the validity of a will based on allegations of undue influence, fraud, or improper execution.
  • Executor Disputes: When an executor fails to fulfill their legal duties or mismanages estate assets.
  • Creditor Claims: Disagreements over whether creditors have valid claims against the estate.
  • Spousal and Family Rights Conflicts: Florida law provides specific inheritance rights to surviving spouses and children, sometimes leading to legal disputes.

Probate disputes can delay estate administration and create unnecessary stress for families. Having an experienced probate litigation attorney like Mark R. Manceri, P.A. ensures that estate matters are handled efficiently and fairly.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Florida has strict laws governing estate, trust, and probate disputes. Some key legal principles include:

  • Florida Probate Code (Chapters 731-735, Florida Statutes): Governs the probate process, including will contests and estate disputes.
  • Florida Trust Code (Chapter 736, Florida Statutes): Regulates the creation, administration, and modification of trusts.
  • Homestead Protections (Article X, Section 4 of the Florida Constitution): Provides protections for a decedent’s primary residence and dictates how it can be inherited.
  • Elective Share Law (Florida Statutes §732.201-732.2155): Grants a surviving spouse the right to claim a portion of the estate, even if excluded from the will.
  • Statutes of Limitations: Florida law sets strict deadlines for filing estate and probate-related legal claims.

Understanding these laws is crucial for anyone involved in an estate dispute. Mark R. Manceri, P.A. is well-versed in Florida estate law and provides expert legal representation in estate, trust, and probate litigation.

The Estate Litigation Process in Coral Springs, FL

Estate, trust, and probate litigation typically follows these steps:

  1. Legal Consultation – The first step is to meet with an attorney to evaluate the case and discuss legal options.
  2. Filing a Petition or Lawsuit – A formal complaint may be filed in court to contest a will, dispute a trust, or hold an executor accountable.
  3. Discovery and Investigation – Gathering financial records, taking depositions, and collecting evidence to build a case.
  4. Mediation or Settlement Negotiations – Many estate disputes are resolved through negotiation or mediation rather than a court trial.
  5. Court Hearings and Litigation – If a settlement cannot be reached, the case proceeds to trial, where a judge will issue a ruling.
  6. Appeals (If Necessary) – If a party disagrees with the court’s decision, they may appeal to a higher court.

Mark R. Manceri, P.A. provides experienced legal representation throughout this process, ensuring that his clients’ interests are protected.

The Broward County Courthouse: Where Estate Litigation Takes Place

Estate, trust, and probate disputes in Coral Springs are handled at the Broward County Courthouse, located at:

Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, FL 33301

This courthouse oversees probate and estate-related legal matters, including will contests, trust disputes, and fiduciary litigation. Mark R. Manceri, P.A. has extensive experience handling cases in the Broward County court system.

Serving Throughout Coral Springs

  • Heron Bay
  • Wyndham Lakes
  • Cypress Run
  • Eagle Trace
  • The Isles
  • Turtle Run
  • Coral Creek
  • Maplewood
  • Kensington
  • Forest Hills

Coral Springs Estate, Probate & Trust Litigation FAQs

1. Can a will be contested in Florida?
Yes, a will can be challenged on grounds such as undue influence, fraud, or lack of testamentary capacity.

2. What happens if someone dies without a will in Florida?
Florida’s intestate succession laws determine how the estate is distributed, usually prioritizing spouses and children.

3. How long does probate litigation take?
The process can take several months to years, depending on the complexity of the estate and any legal disputes.

4. Can a trustee be sued for mismanagement?
Yes, beneficiaries can take legal action if a trustee breaches their fiduciary duties or mismanages trust assets.

5. How can mediation help resolve estate disputes?
Mediation allows disputing parties to negotiate a settlement outside of court, saving time and legal costs.

6. What is the role of a personal representative in probate litigation?
A personal representative manages the deceased’s estate, pays debts, and distributes assets according to the will.

7. Can creditors file claims against an estate?
Yes, creditors have a limited time to file claims against an estate to collect outstanding debts.

8. What are a beneficiary’s rights in estate disputes?
Beneficiaries have the right to receive their inheritance, contest unfair distributions, and hold fiduciaries accountable.

9. Can an executor be removed?
Yes, an executor can be removed if they fail to fulfill their legal duties or act against the best interests of the estate.

10. How can Mark R. Manceri, P.A. help with estate litigation?
Mark R. Manceri, P.A. provides aggressive legal representation for estate, trust, and probate disputes, protecting clients’ rights and resolving conflicts efficiently.

Find a Skilled Coral Springs Estate & Trust Litigation Attorney Near You

If you need legal assistance with estate, trust, or probate litigation in Coral Springs, contact Mark R. Manceri, P.A. for expert guidance.

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