Recent Blog Posts
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 »
Do Stepchildren Have Inheritance Rights In Florida?
Many people marry more than once or have children from different relationships. Such blended families can create complications when it comes to estate planning and probate matters. Some people decide to include their stepchildren in their will or trust. But do stepchildren have any inheritance rights outside of such documents? The short answer is… Read More »
How Often Should I Review Or Revise My Florida Estate Plan?
Many people take the time to make a will. Then they put the document in a drawer and never think about it again. This is usually a mistake. Estate planning should never be a one-time affair. It is an ongoing process that evolves over time. So how often should you review your estate plan?… Read More »
How Do You Sever A Joint Tenancy In Florida?
A joint tenancy is a method whereby two or more people hold an undivided interest in a real or personal property. The idea behind joint tenancy is that when one co-tenant dies, the remaining co-tenants continue as owners of the undivided whole. In other words, the co-tenants have “survivorship” rights in the property itself…. Read More »
How Broad Is A Trustee’s Discretion In Refusing To Make A Distribution?
In establishing a trust, the grantor has the right to afford as much (or as little) discretionary authority to the trustee as they wish. To the extent the trust gives the trustee discretionary power, however, they must exercise it in “good faith” and “in accordance with the terms and purposes of the trust and… Read More »
Do Unmarried Partners Have Any Inheritance Rights In Florida?
Millions of people are in loving, committed relationships that do not involve marriage. Indeed, many couples are putting off or simply avoiding marriage altogether. There can be many benefits to this, but there are also some potential drawbacks, particularly when it comes to inheritance rights. To put it simply, unmarried partners have no inheritance… Read More »
Joint Tenants Or Tenants In Common? Why The Distinction Matters When It Comes To Probate
When two people hold title to real property as joint tenants with right of survivorship, that means that when one owner dies, the other automatically receives full ownership of the property. The property does not pass through the probate estate of the deceased joint tenant first. In other words, if Steven and Kelly own… Read More »
Can I Still Serve As My Late Spouse’s Executor If They Died While Our Divorce Was Pending?
When a married person dies in Florida, their surviving spouse has certain statutory rights. This includes the right to a certain share of their deceased spouse’s estate, as well as first priority to be appointed as personal representative of that estate. These rights may be waived, however, through a written contract or agreement signed… 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...