Recent Blog Posts
When Is a Curator Necessary for a Florida Probate Estate?
Under Florida law, a personal representative is the person responsible for administering a probate estate. There are, however, situations where someone may need to take temporary charge of the estate until a personal representative can be appointed. This can include a scenario where there is a disagreement between family members over who should serve… Read More »
Can the Settlor of a Trust Gift the Trust Property Back to Herself?
A revocable trust is one where the settlor–the person who created and funded the trust–has the right to revoke the trust at any point during their lifetime. Revocation is not all-or-nothing. It is possible to partially revoke a trust. For example, the settlor can remove certain assets from the trust, returning legal title to… Read More »
How Can a Florida Premarital Agreement Affect Your Future Probate Estate?
Premarital agreements–prenups–are often associated with divorce. But a prenup can also address what will happen to a couple’s assets when either of them dies during the marriage. That is why it is important to understand the law surrounding premarital agreements here in Florida and how it can affect your future probate estate. What Is… Read More »
Not All Trusts Are Equal: 4 Different Types of Florida Trusts
In broad terms, a trust is a legal arrangement where a grantor transfers certain property to a trustee, who then holds and administers that property for the benefit of a beneficiary. Florida law recognizes many different types of trusts. Each trust has its own unique characteristics, benefits, and potential drawbacks. Here are four of… Read More »
Does the Attorney-Client Relationship Survive the Client’s Death?
In general, when you authorize a person to act on your behalf, that authorization will end if you die. For example, if you sign a power of attorney designating someone to serve as your agent, your death automatically terminates that relationship. Similarly, if a Florida court appoints a person to act as guardian for… Read More »
Does a Probate Estate Have to Pay a Deceased Person’s Criminal Fines?
What happens when a person dies while awaiting a trial on criminal charges? The short answer is that the criminal prosecution effectively dies with them. Even if a defendant has already been tried and found guilty by a jury, if they die while their conviction remains on direct appeal, as a matter of law… Read More »
Dispelling Two Common Myths About Florida Revocable Trusts
Revocable living trusts are often used in Florida estate planning to help individuals pass their property on to family members (or other beneficiaries) outside of the normal probate process. When properly structured and administered, a revocable trust can help secure your family’s financial security even after you are gone. At the same time, revocable… Read More »
When Can You Admit a Lost or Destroyed Will in a Florida Probate Estate?
When a person dies, their will must be located and filed with the probate court. Obviously, this assumes there is a will to find. If the testator–the person who made the will in the first place–destroyed the document before they died, then there is no longer a valid will. The Need for Witnesses As… Read More »
How Do You Tell If an Asset Is Probate or Non-Probate?
An important task in Florida estate administration is distinguishing probate and non-probate assets. An estate consists of a deceased person’s probate assets. Other assets that a person owned, co-owned, or controlled may be classified as non-probate assets. Only probate assets are subject to administration under a person’s will, or in the absence of a… Read More »
How Far Can “Dead Hand Control” Go in a Florida Will?
People often use their will (or trust) to make conditional gifts to their beneficiaries. A common example involves tying a gift or bequest to age. For instance, if you have a child who is still a minor, your trust might include language specifying they will not receive their share until they reach the age… 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...