Recent Blog Posts
How Much Time Does a Creditor Have to File a Lawsuit Against an Estate?
Florida probate law imposes a set of deadlines on creditor claims against an estate. The basic rule is that a creditor must present a claim to the personal representative of the estate within the later of 30 days after being served a notice of the estate’s probate or 3 months after said notice is… Read More »
Does a Power of Attorney Eliminate the Need for a Guardianship in Florida?
A Florida court can appoint a plenary guardian to serve as a legal decision-maker on behalf of an adult who is no longer capable of caring for themselves. A guardianship is only created as a last resort, however, and if the incapacitated person has a power of attorney or similar estate planning documents in… Read More »
Does a Power of Attorney Signed in a Foreign Country Need to Comply with Florida Law?
A power of attorney is a useful legal tool for giving someone the authority to act in your name while you are still alive. While some powers of attorney only take effect when the principal is incapacitated, they are also often used when the principal is simply unavailable. For example, if you want to… Read More »
Understanding the Limits of an Agent’s Authority Under a Florida Power of Attorney
Most estate plans include a document known as a power of attorney (POA). The basic idea behind a POA is fairly simple: A principal appoints an agent to act on the principal’s behalf. Some POAs are limited to a specific property or transaction. For example, you might sign a limited power of attorney so… Read More »
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 »
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...