Recent Blog Posts
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 »
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 »
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...