Recent Blog Posts
Do Children Born After a Parent’s Death Inherit From Their Estate?
There are, sadly, situations where a child is born after a parent dies. This usually comes up in the context of a father dying after a child is conceived but before the mother gives birth. Which begs the question, “Can the child still inherit from the father’s estate?” Section 732.106 of the current Florida… Read More »
Time Limitations to Challenge a Trust in Florida
The process of challenging a trust is complex and can take a toll on any individual. It involves legal and financial intricacies that require the services of an experienced attorney. One of the most important aspects to understand when filing a claim against a trust is the time limitations in place. If you are… Read More »
The 5 Risks of Being Personal Representative
Being appointed Personal Representative is an honor, but it comes with many risks. A Personal Representative is responsible for managing the estate of a deceased individual. This entails a lot of work and responsibility, and the executor may face many challenges throughout the process. If you were appointed Personal Representative in Florida – you… Read More »
Actions That Can Lead to Personal Representative Liability in Florida
The primary duty of a personal representative is to represent the decedent’s estate in probate proceedings. The representative must manage the assets of the estate, distribute them according to the decedent’s wishes, and pay off all debts and taxes. However, some actions taken by the representative can lead to personal liability. These include failure… Read More »
My Loved One Died in Florida with an Out-of-State Will: Is It Still Valid?
Losing a loved one is always a heart-breaking and emotionally-taxing time. Having legal matters, including wills, after the death of your loved one can add to the stress. If your loved one passed away in Florida with an out-of-state will, you may be wondering if it is still valid. If you recently lost your… Read More »
What Assets Should Be Listed for Probate?
Probate is the legal process that examines a person’s will and validates it to distribute the assets to the beneficiaries. It is a crucial process that helps to ensure that the intentions of the deceased are executed according to their will. However, not all assets are subject to probate. If you are drafting a… Read More »
Failing to Disclose Conflicts of Interest As a Breach of a Fiduciary Duty
Estate planning is a crucial element in ensuring that an individual’s assets are distributed according to their wishes after death. However, this process can involve various complications regarding financial and legal matters. During estate litigation, it is not uncommon for parties to have conflicting interests that can compromise their integrity and the process as… Read More »
Who Has the Right to Make Funeral Arrangements in Florida?
Florida Statutes § 497.005(43) gives certain “legally authorized persons” the right to make funeral arrangements. The right to make decisions regarding the decedent’s body and funeral services goes to the following individuals in this particular order: The deceased person, if they left written directions for the funeral before their death; The deceased person’s surviving… Read More »
What Does an Estate Litigation Lawyer Do?
The passing of a loved one can be extremely heart-wrenching and emotionally difficult to deal with. However, things can quickly become even more complex if legal disputes arise over their estate, last will, or testament. Estate litigation lawyers are specialized attorneys who assist with managing potential disputes and finding the right solutions for all… Read More »
What Is a No-Contest Clause in a Will?
Contesting a will can be a challenging and lengthy process, but what if the will you are trying to contest has a no-contest clause? This clause essentially disincentivizes beneficiaries from challenging the validity of a will by forfeiting their inheritance if they do. Our Pompano Beach estate litigation lawyer at Mark R. Manceri, P.A.,… 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...