Recent Blog Posts
What Happens When Multiple Wills Are Filed With A Probate Court?
One thing that can trigger litigation in an estate is the purported existence of multiple wills. This can happen because a person signed a new will without first destroying the prior will. Or it may simply be a case where someone is presenting a document as a superseding will even if it appears to… Read More »
What Are The Limits Of A Florida Financial Power Of Attorney?
There is sometimes a misunderstanding about the scope of a Florida Power of Attorney (POA). Some people think signing a POA means giving another person absolute and complete control over their lives. But a POA only grants as much–or as little–power as the principal wishes. Indeed, some POAs are limited to performing a specific… Read More »
Has COVID-19 Led More People To Make Wills?
The COVID-19 pandemic has led many people to reassess various aspects of their lives. This includes estate planning. According to one recent survey, people who have suffered from a serious case of COVID are far now more likely to have a written will and other estate planning documents. This survey came from Caring.com, a… Read More »
When Is A Lifetime Gift Legally Binding In Florida?
Not everyone waits until they die to leave a gift or inheritance to a loved one. Many people choose to make inter vivos gifts, or transfers of property during their lifetime. Such gifts are legally binding on the donor–and their future estates–provided there was “donative intent” and the gift was actually delivered to the… Read More »
How Florida Probate Rules Prevent Creditors From “Jumping The Line”
When administering a Florida estate, the executor or personal representative must pay any debts or expenses of the estate from the available assets. If there are insufficient assets to pay everyone, the law spells out the order in which different classes of creditors are paid. For example, the highest class is the expenses related… Read More »
Can The Executor Object To A Surviving Spouse Taking An Elective Share Of An Estate?
Florida law permits the surviving spouse of a deceased individual to claim an “elective share” of their estate. The purpose of the elective share is to prevent someone from completely disinheriting their spouse. Basically, the elective share is equal to 30 percent of not just the deceased spouse’s probate assets, but also their homestead… Read More »
How The “Order Of Preference” Can Affect The Administration Of A Florida Probate Estate
In making a will, a person is generally free to name anyone they wish as the personal representative (executor) of their estate. When there is no will, however, Florida law determines the “order of preference” for the probate court to follow in appointing a personal representative. Normally the surviving spouse–if any–has priority, followed by… Read More »
Does Florida Law Actually Bar A Killer From Inheriting Their Victim’s Estate?
A popular trope in crime fiction is the spouse who kills their significant other “to collect the insurance money.” In reality, of course, you cannot legally profit off someone’s death when you caused that death. Most states, including Florida, have what is known as a “slayer statute” to address such situations. Florida’s statute states… Read More »
When Is A Florida Power Of Attorney Invalid?
A power of attorney is a written, signed document whereby one person–a principal–grants certain authority to an agent to take some action on their behalf. Any legally competent adult may sign a power of attorney. By default, the power of attorney remains in effect only while the principal remains competent. That is to say,… Read More »
Do I Have To Physically Destroy My Will To Revoke It?
Making a will is often not a one-time event. As your family and financial situation changes throughout your life, you will likely find yourself wanting to revoke your existing will and, hopefully, writing a new one. So how do you go about legally revoking a will in Florida? Do you actually have to physically… 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...