Recent Blog Posts
Heir Disputes and Intestate Succession in Florida
Inheritance battles can become emotionally charged and legally complex, especially when a loved one passes away without a will. In such cases, Florida’s intestacy laws dictate how assets are distributed. This can lead to disagreements among potential heirs, but a Pompano Beach estate litigation lawyer can assist in resolving disputes. Intestate Succession and Common… Read More »
When Is a Will Valid in Florida?
Creating a valid will is one of the most important steps to ensuring that your wishes are followed after your passing, but not all wills are legally enforceable. In Florida, strict legal standards determine whether a will is valid. For example, a key component is testamentary capacity, or the mental ability of the person… Read More »
Can a Federal Judge Appoint a Personal Representative for a Florida Estate?
In the United States, probate has always been a matter for state law and state courts. This means that when a Florida resident dies, a Florida Circuit Court must appoint a personal representative for the decedent’s probate estate. The Circuit Court also supervises the probate process, which includes addressing any disputed creditor claims against… Read More »
Frequently Asked Questions About Revocable Trusts in Florida
Revocable trusts are a common estate-planning tool used by Florida residents to help manage assets both during and after their lifetime. While it is not especially difficult to create a revocable trust, there can be a number of potential legal implications if you do not properly understand how such trusts work. With that in… Read More »
Can a Florida Court Order Discovery in a Foreign Probate Case?
Probate litigation can arise when one group of heirs or family members believe that the executor–often a family member themselves–is hiding or concealing assets. Given Florida’s position as a hub of international commerce, there may also be cases where people from outside the United States allege such assets are being illegally hidden in Florida…. Read More »
Who Is a “Reasonably Ascertainable” Creditor of a Florida Probate Estate?
Florida probate rules impose strict time limits on the filing of creditor claims. That is, anyone who claims the deceased owed them money must file a written claim with the personal representative of the decedent’s estate within a certain period. This deadline is either 3 months from the date a notice to creditors is… Read More »
What Is Undue Influence?
In the realm of estate planning, understanding undue influence is crucial. Whether you are drafting an estate plan or are in the process of distributing assets, undue influence can derail the intentions of the person creating the will, who is referred to as the testator, and lead to significant legal disputes. Recognizing the signs… Read More »
5 Situations Leading to Guardianship in Florida
Guardianship is a legal arrangement in which a court appoints an individual or entity to make decisions for someone who is unable to manage their own affairs. While guardianship provides crucial support in certain circumstances, it is a significant legal step. Having a full understanding of when guardianship might be appropriate, who can serve… Read More »
How Do You Prove “Testamentary Capacity” in Florida?
You often hear the phrase “of sound mind” associated with the signing of a last will and testament. As a matter of law in Florida, a person must have what is called “testamentary capacity” to execute a will. Such capacity is often described as being “of sound mind.” In practice, testamentary capacity generally requires… Read More »
When Can a Florida Personal Representative File a Lawsuit on the Estate’s Behalf?
The personal representative (executor) of a Florida probate estate has a number of responsibilities. One of them is initiating any legal action on behalf of the decedent’s estate. This includes any claims the deceased would have brought had they not died. Of course, before a personal representative can take such action, they must first… 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...