Recent Blog Posts
Contesting A Guardianship In Florida
There unfortunately often comes a time when our elderly loved ones are no longer able to manage their own affairs due to a lack of capacity. If this is the case, they may face serious challenges due to unpaid bills and an inability to make good decisions about their own medical care or finances…. Read More »
Can I Appeal A Probate Order?
Have you lost a loved one? If so, you may have had to mourn while going through a lengthy and frustrating probate process. To finally reach the end of that process only to learn that the court has erred in the process can be infuriating, and it is easy to feel helpless in that… Read More »
When Can A Florida Court Do To Remedy A Trustee’s Breach Of Fiduciary Duty
The beneficiary of a trust may take legal action against the trustee if they believe there has been mismanagement of the trust’s assets. If the court finds the trustee has breached their fiduciary duty to the beneficiary, a judge can hold the trustee personally liable for any financial damages. But can the court restrict… Read More »
How Paying A Late Creditor Claim Can Get A Florida Personal Representative Into Trouble
The personal representative of a Florida probate estate has a legal duty to pay any personal debts owed by the decedent at the time of their death. But there is an important caveat: The creditor holding that debt must file a claim against the estate within a certain time period. Normally, such claims need… Read More »
Why You Need To Act Promptly When Appealing A Florida Probate Decision
When it comes to probate matters, you need to assert your legal rights in a timely manner. For example, there are certain deadlines to file a creditor claim or an objection to a probate accounting. And when you are involved in active probate litigation, it is important to act promptly if you disagree with… Read More »
Divided Florida Appeals Court Holds Guardian May Not Retain Deceased Ward’s Retirement Accounts To Pay Expenses
When an adult is no longer capable of caring for themselves, a Florida court may need to step in and appoint a guardian. A guardianship is typically necessary only when an adult has failed to execute a power of attorney or similar documents prior to becoming incapacitated. In the absence of such express wishes,… Read More »
What Happens When Someone Dies Without A Will In Florida?
For most people, a last will and testament is one of the most important parts of a comprehensive estate plan, if not the only part. A will gives a testator the ability to control how their assets and property will be distributed after their death. So what happens when someone dies without a will?… Read More »
How Do I Contest A Will In Florida?
There may be nothing in life more painful than losing a loved one. However, for many, when it comes time to hear their loved one’s last will and testament and it does not align with what they knew their loved one’s wishes to be, it can feel like adding salt to a very deep… Read More »
Testamentary Capacity In Florida Estate Planning
Making a will, trust, or any other estate plan documents requires the person to be of sound mind. Determining how assets will be distributed after death is a decision that many people take seriously, so it’s important that estate planning documents be prepared only when the testator (the person signing the will) is mentally… Read More »
Avoiding Conflicts Of Interest With Powers Of Attorney In Florida
A power of attorney is an excellent way to make sure that an elderly relative’s financial and healthcare needs are met when they are no longer able to. However, with great power comes great responsibility. Agents holding the power of attorney have significant responsibilities towards the principal – the person who signed the power… 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...