Recent Blog Posts
Florida Courts Sort Out International Dispute Over Artworks Stolen From Trust
It is not unheard of for a family member to take a deceased loved one’s possessions without going through the proper probate process. Consider the hypothetical example of the person who takes a painting “because the deceased would have wanted me to have it.” Such minor disputes do not necessarily lead to litigation. Of… Read More »
Fight Over Divorce Settlement Continues After Both Parties Died
A divorce is meant to be a final resolution of any outstanding financial issues between the former spouses. Of course, that is not always the reality. Many ex-couples spend years continuing to litigate against one another–and in some cases, even their estates may continue the fight long after they are gone. Consider this recent… Read More »
What Happens When Someone Steals An Estate Asset By Forgery?
The personal representative of a Florida probate estate is responsible for gathering all of the estate’s assets. This may include taking steps to recover property that may have been wrongfully taken from the decedent during or after their lifetime. Such steps may include initiating civil litigation on behalf of the estate outside the regular… Read More »
The Importance Of “Permanent Residence” In Florida Probate Cases
The probate of a deceased person’s estate is a matter of state law. It therefore matters where the deceased person lived–or made their residence–at the time of their death. While this is often not a difficult thing to determine, it may be complicated if the deceased owned residences or property in multiple states. For… Read More »
How Florida’s Constitution Restricts Your Ability To Devise Your Primary Residence Via Will
In most cases, a person is free to dispose of their property as they choose when making a will. There is one notable exception, at least in Florida. A Florida resident’s homestead property–that is, their primary residence–is subject to certain constitutional and statutory restrictions when it comes to inheritance. Basically, if you have a… Read More »
Is Challenging A Provision In A Will The Same Thing As “Contesting” The Will?
If a person wishes to contest the validity of a will, they must act promptly. Under Florida law, an interested person normally has just three months to file an objection, starting from when they are actually served with a notice of administration with respect to the probate proceeding. Any challenge filed after the expiration… Read More »
Understanding Priority When It Comes To Appointing A Florida Personal Representative
When a person dies and leaves no will, there is often confusion among family members and survivors as to who will be in charge of the probate estate. Under Florida law, a surviving spouse has the highest priority to seek appointment. If there is no spouse, then the person selected by a “majority in… Read More »
What Happens If Property Is Found After An Estate Has Been Closed?
The main function of the probate process is to gather and distribute assets that belonged to a deceased individual. Once the personal representative has completed administration of the estate–i.e., all debts and expenses are paid and the remainder distributed to the beneficiaries–the estate is formally closed and the probate court discharges the personal representative… Read More »
Can Gifts Made During Someone’s Lifetime Be Considered An “Advance” On A Gift Made In Their Will?
Here is a hypothetical probate dispute: Melissa executes a last will and testament. In the will, she makes a gift–or specific devise, in legal terms–of $30,000 to her favorite nephew, George. But then, a few months before she dies, Melissa decides to give George a gift of $10,000 while she is still alive. After… Read More »
Where Is The Safest Place To Keep My Will?
It is important for everyone to have a last will and testament. But once you have signed your will, where should you keep it? After all, it will hopefully be many years before it becomes necessary for someone to actually locate and file the will for probate. During that time, where is the safest… 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...