Recent Blog Posts
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 »
Can A Trust Beneficiary Object To The Administration Of A Related Probate Estate?
Many Florida residents create both a revocable trust and a will as part of their estate plan. It is also common practice, though certainly not necessary, to name the same person or persons as trustee and personal representative. This enables the same individual (or individuals) to oversee the administration of all assets after the… Read More »
Fate Of Winslow Homer Painting Tied Up In Florida Probate Court
There has been a lot of buzz in the press recently about non-fungible tokens (NFTs), a method of recording title to an object using blockchain technology. Many people believe that NFTs are the future of digital art collecting. But for now, traditional art collecting of physical paintings remains a big business–as do legal disputes… Read More »
How Leaving No Will Can Lead To Legal Problems
Many people die without leaving a valid will. When this happens, state law determines who will inherit the deceased person’s property. This is known as intestate succession. On paper, it is not a difficult process in most cases. For instance, if you died unmarried with three adult children and left no will, Florida’s law… Read More »
What Florida’s Amended “Revocation Upon Divorce” Rule Means For Trust And Estate Law
Since the 1950s, Florida law has included provisions for automatically cutting a person’s former spouse out of a will made prior to the divorce. This is obviously to prevent a situation where a person forgot to update their will after the divorce and potentially leaving their ex as personal representative and/or a beneficiary of… 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...