Boca Raton Estate, Probate & Trust Litigation Lawyer

Boca Raton, Florida, is a prestigious city known for its luxury real estate, high-net-worth residents, and vibrant retirement communities. With many estates, trusts, and significant financial assets at stake, legal disputes often arise over wills, trusts, and probate matters. Whether you are facing issues related to contested wills, executor misconduct, or trust mismanagement, estate litigation may be necessary to protect your interests and ensure fair asset distribution.

Mark R. Manceri, P.A. is an experienced Boca Raton estate litigation lawyer with a deep understanding of Florida estate, trust, and probate laws. He provides strong legal advocacy for beneficiaries, trustees, executors, and heirs involved in estate disputes.

Understanding Estate Litigation in Boca Raton, FL

Estate litigation refers to legal disputes over a deceased person’s assets, estate planning documents, and fiduciary responsibilities. Common estate litigation cases include:

• Will Contests: When a will’s validity is challenged due to undue influence, fraud, or lack of testamentary capacity.
• Executor Misconduct: If an executor fails to fulfill their fiduciary duties or mismanages estate assets, they may face removal or legal action.
• Undue Influence Allegations: When someone pressures a vulnerable individual into modifying their estate plan.
• Lack of Testamentary Capacity: If a person did not have the mental ability to create a valid will, the will may be challenged.
• Asset Distribution Disputes: Beneficiaries may contest how assets are distributed, especially if the will is unclear.

Estate litigation in Boca Raton can be complicated, particularly when high-value assets, business interests, or multiple heirs are involved. Mark R. Manceri, P.A. provides experienced legal representation to protect clients’ rights.

Trust Litigation

Trust litigation involves disputes between trustees and beneficiaries regarding the administration of a trust. Common reasons for trust litigation include:

• Breach of Fiduciary Duty: If a trustee mismanages assets, fails to distribute them properly, or acts in self-interest.
• Beneficiary Disputes: Conflicts over trust distributions, amendments, or misinterpretation of trust terms.
• Fraud or Coercion: Allegations that a trust was improperly created or altered under pressure.
• Trustee Accounting Issues: Beneficiaries have the right to demand financial transparency, and disputes may arise over accounting discrepancies.

Trust litigation requires a skilled attorney knowledgeable in Florida trust law. Mark R. Manceri, P.A. aggressively represents clients in trust disputes to ensure their legal rights are upheld.

Probate Litigation

Probate is the legal process that ensures a deceased person’s debts are paid and assets are distributed according to their will or Florida intestacy laws. Probate litigation may occur due to:

• Challenges to the Will: If a will is suspected to be invalid due to fraud, undue influence, or improper execution.
• Executor or Personal Representative Disputes: Executors must act in the estate’s best interest, and failure to do so may lead to legal action.
• Creditor Claims: Disputes over whether debts should be paid from the estate and the priority of such claims.
• Spousal and Family Rights Conflicts: Surviving spouses and children may challenge estate distributions under Florida inheritance laws.

Probate disputes can significantly delay estate administration. Mark R. Manceri, P.A. provides strategic legal representation to help clients resolve probate matters efficiently.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Several Florida laws govern estate, trust, and probate litigation in Boca Raton, including:

• Florida Probate Code (Chapters 731-735, Florida Statutes): Governs probate administration, including will contests and fiduciary responsibilities.
• Florida Trust Code (Chapter 736, Florida Statutes): Regulates the creation, modification, and administration of trusts.
• Homestead Protections (Article X, Section 4 of the Florida Constitution): Establishes how a deceased person’s homestead property is inherited.
• Elective Share Law (Florida Statutes §732.201-732.2155): Grants surviving spouses a 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-related legal claims, which vary based on the type of dispute.

Understanding these laws is essential when handling estate disputes, and Mark R. Manceri, P.A. ensures that his clients’ cases comply with Florida regulations.

The Estate Litigation Process in Boca Raton, FL

Estate, trust, and probate litigation follows a structured legal process, which includes:

1. Initial Consultation: Meeting with an attorney to assess the case and discuss legal options.
2. Filing a Petition or Lawsuit: A formal legal complaint is filed in court if informal resolution attempts fail.
3. Discovery Process: Collecting evidence, obtaining financial records, and taking depositions to build a case.
4. Mediation or Settlement Negotiations: Many disputes are resolved through mediation to avoid lengthy court proceedings.
5. Court Hearings and Litigation: If no settlement is reached, the case proceeds to trial.
6. Appeals Process (If Necessary): If a party disagrees with the court’s ruling, they may appeal to a higher court.

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

The Palm Beach County Courthouse: Where Estate Litigation Takes Place

Estate, trust, and probate litigation cases in Boca Raton are handled at the Palm Beach County Courthouse, located at:

South County Courthouse
200 W Atlantic Ave
Delray Beach, FL 33444

Mark R. Manceri, P.A. has extensive experience representing clients in Palm Beach County probate court, ensuring that estate disputes are handled efficiently.

Serving Throughout Boca Raton

• Royal Palm Yacht & Country Club
• Boca Bridges
• Boca West
• The Sanctuary
• Lotus Boca Raton
• Broken Sound
• Mizner Park
• Addison Reserve
• Boca Isles
• Boca Lago

Boca Raton Estate, Probate & Trust Litigation FAQs

1. Can a will be contested in Florida?
Yes, a will can be challenged based on undue influence, fraud, lack of testamentary capacity, or improper execution.

2. What happens if someone dies without a will in Florida?
Florida’s intestate succession laws determine how assets are distributed, usually prioritizing spouses, children, and other close relatives.

3. How long does probate litigation take?
Probate disputes can last several months to years, depending on the complexity of the case and whether a settlement is reached.

4. Can a trustee be sued for mismanagement?
Yes, beneficiaries can sue a trustee if they breach their fiduciary duty, mismanage trust assets, or fail to act in the best interest of beneficiaries.

5. What are a beneficiary’s rights in trust and estate disputes?
Beneficiaries have the right to receive their designated inheritance, demand transparency in asset management, and contest improper distributions.

6. Can creditors file claims against an estate?
Yes, creditors must file claims within a limited time to collect outstanding debts from the estate.

7. Can an executor be removed from managing an estate?
Yes, an executor can be removed if they fail to fulfill their legal duties, mismanage assets, or engage in misconduct.

8. What is undue influence in estate litigation?
Undue influence occurs when someone pressures a person into altering their estate plan for their benefit.

9. What is Florida’s elective share law?
Florida law allows a surviving spouse to claim a portion of the estate (typically 30%) even if they were excluded from the will.

10. How can Mark R. Manceri, P.A. help with estate, probate, and trust litigation?
Mark R. Manceri, P.A. provides expert legal representation for estate disputes, will contests, trust litigation, and probate administration, ensuring clients’ rights are protected.

Contact a Skilled Boca Raton Estate, Probate & Trust Litigation Attorney Near You

If you need legal assistance with estate, trust, or probate litigation in Boca Raton, contact Mark R. Manceri, P.A. today for skilled legal guidance.

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