Recent Blog Posts
When Do Married Couples Own a Bank Account as “Tenants by the Entirety”?
Married couples in Florida often acquire and hold property as “tenants by the entirety.” This is a form of joint ownership. Essentially, each spouse owns a whole, indivisible interest in the underlying property. When one spouse dies, the survivor continues as sole owner. As neither spouse ever owned the property in their sole name,… Read More »
What Are the Factors in a Florida “Undue Influence” Claim?
When family members end up in litigation over a loved one’s estate, there is almost always an accusation of “undue influence.” This is a legal concept used to describe a situation where the recipient of property abused a confidential relationship with the grantor in order to obtain title. According to the Florida Supreme Court,… Read More »
Can Someone Else Sign a Change of Beneficiary Form on Your Behalf?
Federal Judge Rules Notary Could Not Sign Form for Blind Woman A document signed by a notary on behalf of a disabled person may still be invalid if the underlying form does not permit such an action. A recent decision from a federal judge in Fort Myers, Pruco Life Insurance Company v. Howen, provides… Read More »
Do Adopted Children Inherit from Their Birth Parents?
From a legal standpoint, a legally adopted child is treated no differently than a person’s biological offspring. For example, say Mary has two children, George and Stephanie. George is Mary’s natural-born son, while Stephanie was adopted at birth. If Mary died without leaving a Will, under Florida intestate succession law both George and Stephanie… Read More »
When Is an Accident Not an “Accident” Under a Life Insurance Policy?
For many Florida residents, life insurance is a crucial part of their estate plan. Life insurance is often the primary means a person has of ensuring financial security for their family if they die suddenly and unexpectedly. One reason for this is that life insurance is payable to a named beneficiary, so it can… Read More »
Can a Florida Probate Court Appoint Someone Other Than a Spouse as Personal Representative?
In making a will, you have the opportunity to nominate someone to serve as the personal representative of your probate estate. For the most part, you can appoint anyone you wish to serve in that role. Florida law bars certain classes of people from acting as a personal representative, including minors and anyone convicted… Read More »
What Is the “Rule Against Perpetuities”?
In common law, there is a principle known as the rule against perpetuities (RAP). In its original form, the RAP provided that you could not use a legal instrument, such as a deed or will, to create an interest in real or personal property that vests more than 21 years after the death of… Read More »
What Happens to an Estranged Spouse’s Estate If the Divorce Was Not Final?
Under Florida law, divorce automatically terminates most of a person’s rights with respect to their former spouse’s estate planning. For example, a divorce revokes any provision of a will or trust leaving an interest to an ex-spouse. The same would apply for any beneficiary designation on a life insurance policy or retirement account, unless… Read More »
What Is an “Adversary Proceeding” in a Florida Probate Estate?
The process of administering a Florida probate estate is generally not adversarial. That is to say, a probate proceeding does not typically involve litigation. The personal representative appointed to administer the estate simply gathers any probate assets, pays any debts and expenses, and distributes whatever remains to the heirs or beneficiaries of the decedent…. Read More »
Suing a Trustee vs. Suing an Individual in Trust Litigation
A trustee is a fiduciary who oversees the administration of a trust. Typically, if a person wishes to sue the trust, they sue the trustee in their fiduciary capacity. In other words, they are not suing the trustee individually. Of course, there are situations where someone may need to sue the trustee in their… 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...