Recent Blog Posts
What Is an “Adversary Proceeding” in a Florida Probate Estate?
The process of administering a Florida probate estate is generally not adversarial. That is to say, a probate proceeding does not typically involve litigation. The personal representative appointed to administer the estate simply gathers any probate assets, pays any debts and expenses, and distributes whatever remains to the heirs or beneficiaries of the decedent…. Read More »
Suing a Trustee vs. Suing an Individual in Trust Litigation
A trustee is a fiduciary who oversees the administration of a trust. Typically, if a person wishes to sue the trust, they sue the trustee in their fiduciary capacity. In other words, they are not suing the trustee individually. Of course, there are situations where someone may need to sue the trustee in their… Read More »
Florida Court Dismisses Trust’s Lawsuit Against Grantor’s Estate Over “Unpaid Rent”
Estate planning trusts are commonly used to hold and manage real estate. Indeed, many Florida residents take advantage of trusts to own and transfer their personal residences outside of the normal probate process, while still preserving their ability to keep living at home during their lifetimes. While such arrangements usually benefit all parties involved,… Read More »
Can a Florida Estate Sue a Non-Florida Law Firm?
When a Florida plaintiff wants to sue a non-Florida defendant, it is necessary for the plaintiff to establish that a Florida court has “personal jurisdiction” over the defendant. This is typically accomplished through Florida’s Long-Arm Statute. Basically, the plaintiff must demonstrate the defendant has sufficient “minimum contacts” with Florida such that the defendant could… Read More »
How Long Does a Creditor Have to File a Civil Lawsuit Against a Florida Probate Estate?
Florida’s Probate Code spells out a number of procedures that must be strictly followed when administering a deceased individual’s estate. Many of these procedures deal with creditor claims, such as demands for payment of debts owed by the decedent at the time of their death. The first step in this process is for the… Read More »
Can You Enforce an Oral Contract Against the Widow of a Deceased Debtor?
Many of us have lent money to family members at one time or another. In most cases, there is no written contract or agreement specifying repayment terms for such loans. An oral agreement is often thought to be sufficient. Florida Courts Reject Attempt to Collect on 20-Year-Old Oral Loan Agreement Of course, when one… Read More »
Can You Revoke a “Preneed Guardian” Designation After You Are Found Incapacitated?
When a Florida court determines that an adult suffers from “limited capacity,” the judge may appoint a guardian to exercise certain legal rights and decision-making authority on that adult’s behalf. And while trial judges typically have broad discretion to decide who should serve as guardian in these cases, Florida law does recognize the appointment… Read More »
Does Creating a Revocable Trust Show “Intent” to Transfer Real Property?
It is common in Florida estate planning for individuals to transfer their real estate, including their homestead property (primary residence), into a revocable living trust. The trustee named in the trust takes over the legal title to the property and administers it as directed by the trust’s settlor. Typically, the trust itself–or at least… Read More »
Sibling Rivalry and Florida Trust Litigation
One of the commonly cited benefits of revocable trusts over wills is that the former affords families greater privacy when it comes to estate planning. The probate of a will is usually a matter of public record. A trust, in contrast, can remain private. Only the settlor of the trust, the trustees, and the… Read More »
Is a Testamentary Trust Beneficiary an “Interested Person” in the Probate Estate?
There are a few different ways to create an estate planning trust in Florida. One is to sign a trust during your lifetime. This is commonly known as a living trust or revocable living trust. This type of trust exists separate from your will, if you have one. There is also what is known… 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...