Recent Blog Posts
The Problems That May Arise When Transitioning A Guardianship
An incapacitated adult (i.e., a ward) may require someone to serve as their legal guardian. Since a guardianship may last for the duration of the ward’s life, it is important for a current or potential guardian to consider provisions for transitioning to a successor guardian if and when it becomes necessary. It is important… Read More »
How Florida Recently Expanded Its “Slayer Statute”
A common trope of crime fiction is the person who kills their spouse to collect the life insurance money. In reality, such schemes are doomed to fail because of what is known as the “Slayer Statute.” This is a longstanding common-law rule that was codified in the Florida Statutes back in the 1970s. Basically,… Read More »
Federal Judge Finds Estates Of Cuban Refugees May Not Pursue Lawsuit Against Alleged “Trafficker” In Stolen Property
When a Florida resident dies, their individual property immediately becomes part of their probate estate. Florida courts have referred to this as the “twinkling of the legal eye.” In practical terms, this means that at the moment of death, the decedent is no longer the legal owner of the property that now belongs to… Read More »
Does Having A Revocable Trust Eliminate The Need For A Will?
One of the key reasons people create a revocable living trust is to avoid the need for probate after their death. Assets held by a trust are not considered part of the settlor’s individual probate estate. This means that upon the settlor’s death, the trust continues to hold the trust’s assets, subject to any… Read More »
What Is A Lady Bird Deed?
A common estate planning scenario involves a parent who wants to leave their home to their adult children without the need for probate. One option would be to create a revocable trust and transfer the home into said trust. But for people who do not want to bother with the time, expense, or ongoing… Read More »
How Do You End A Florida Guardianship?
When an adult is unable to make personal or financial decisions due to a mental or physical disability, a Florida court can appoint a surrogate decision-maker known as a guardian. A guardianship is only necessary when there is no readily available alternative, i.e., the disabled adult did not have a power of attorney or… Read More »
How Does The Family Allowance Work In A Florida Probate Estate?
A formal probate proceeding often takes several months to complete. During this time, the decedent’s assets remain under the control of their estate. This can make it difficult for the decedent’s surviving spouse and dependents (i.e., children) to pay their basic living expenses. For this reason, Florida law authorizes the estate to pay a… Read More »
Marvel Lawsuit Against Artists’ Estate Highlights Issue Of Copyright After Death
Fans of the Marvel Cinematic Universe recently took note of a lawsuit filed by Marvel against the estates of several deceased comic book artists. The lawsuit was prompted by an obscure provision of U.S. law that allows authors–and their probate estates–to reclaim copyrights that were previously assigned to a third party. Marvel, a subsidiary… Read More »
What Leads To A “Rebuttable Presumption” Of Undue Influence In Procuring A Will?
A will is invalid if it can be proven that the document was procured by “undue influence.” The Florida Supreme Court has long held that there is a “rebuttable presumption” of undue influence when a “substantial beneficiary” of a proposed will had a “confidential relationship” with the testator and used that relationship to “actively… Read More »
What Is The Deadline For Someone To Claim An “Elective Share” Of Their Spouse’s Estate?
Florida law provides that the surviving spouse may claim an “elective share” of their deceased spouse’s estate, notwithstanding any contrary provisions in the decedent’s estate planning documents. In simple terms, a person cannot fully disinherit their own spouse. The elective share is equal to 30 percent of the “elective estate,” which includes not just… 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...