Recent Blog Posts
Does the Attorney-Client Relationship Survive the Client’s Death?
In general, when you authorize a person to act on your behalf, that authorization will end if you die. For example, if you sign a power of attorney designating someone to serve as your agent, your death automatically terminates that relationship. Similarly, if a Florida court appoints a person to act as guardian for… Read More »
Does a Probate Estate Have to Pay a Deceased Person’s Criminal Fines?
What happens when a person dies while awaiting a trial on criminal charges? The short answer is that the criminal prosecution effectively dies with them. Even if a defendant has already been tried and found guilty by a jury, if they die while their conviction remains on direct appeal, as a matter of law… Read More »
Dispelling Two Common Myths About Florida Revocable Trusts
Revocable living trusts are often used in Florida estate planning to help individuals pass their property on to family members (or other beneficiaries) outside of the normal probate process. When properly structured and administered, a revocable trust can help secure your family’s financial security even after you are gone. At the same time, revocable… Read More »
When Can You Admit a Lost or Destroyed Will in a Florida Probate Estate?
When a person dies, their will must be located and filed with the probate court. Obviously, this assumes there is a will to find. If the testator–the person who made the will in the first place–destroyed the document before they died, then there is no longer a valid will. The Need for Witnesses As… Read More »
How Do You Tell If an Asset Is Probate or Non-Probate?
An important task in Florida estate administration is distinguishing probate and non-probate assets. An estate consists of a deceased person’s probate assets. Other assets that a person owned, co-owned, or controlled may be classified as non-probate assets. Only probate assets are subject to administration under a person’s will, or in the absence of a… Read More »
How Far Can “Dead Hand Control” Go in a Florida Will?
People often use their will (or trust) to make conditional gifts to their beneficiaries. A common example involves tying a gift or bequest to age. For instance, if you have a child who is still a minor, your trust might include language specifying they will not receive their share until they reach the age… Read More »
How an Alleged Breach of Fiduciary Duty Can Divide a Family Business
Going into business with family members is often fraught with peril. Issues regarding succession are often particularly tricky. Indeed, many family-owned businesses end up struggling–and often outright failing–because of legal disputes that arise when ownership must be transferred from one relative to another. Sisters-in-Law Battle Brother-in-Law in Court A recent decision from the Florida… Read More »
Does a Divorce Affect a Florida Will I Signed Prior to My Marriage?
It is always a good idea to review and revise your estate plan when a major life event occurs. This includes marriage, the birth of a child, or divorce. Of course, Florida law provides for certain situations where a person might inadvertently fail to update their will. For example, there is what is known… Read More »
The Importance of Taking a Consistent Position in Probate Litigation
There is a principle in civil litigation known as judicial estoppel. The basic idea is fairly simple to explain. Basically, if you take a position during a lawsuit, you cannot take a conflicting or contradictory position later in the same case. Even if your new position has merit, the court can hold the party… Read More »
Florida Judge Rejects Children’s Attempt to Disinherit Father Under “Slayer Statute”
It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will… 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...