Broward County Estate, Probate & Trust Litigation Lawyer

Broward County, Florida, is one of the most populated and diverse regions in the state, home to thriving cities, luxury waterfront properties, and a large number of retirees. With significant wealth and complex estate planning needs, legal disputes over wills, trusts, and probate matters frequently arise. Whether issues stem from contested wills, mismanaged trusts, or executor misconduct, estate litigation is often necessary to ensure fair asset distribution.

Mark R. Manceri, P.A. is an experienced Broward County estate litigation lawyer serving the entire area. With in-depth knowledge of Florida estate, trust, and probate laws, he provides strong legal advocacy for beneficiaries, trustees, executors, and heirs involved in estate disputes.

Understanding Estate Litigation in Broward County, FL

Estate litigation refers to legal disputes related to a deceased person’s estate, including asset distribution and fiduciary responsibilities. Common reasons for estate litigation include:

• Will Contests: When interested parties challenge a will due to undue influence, fraud, or lack of mental capacity.
• Executor Misconduct: If an executor fails to perform their fiduciary duties or mismanages estate assets, they may face removal or legal action.
• Undue Influence Allegations: When a vulnerable individual is pressured into modifying their estate plan to benefit someone unfairly.
• Lack of Testamentary Capacity: If a person did not have the mental capacity to create a valid will, it can be contested.
• Disputes Over Asset Distribution: Beneficiaries may challenge the fairness or legality of how assets are divided.

Estate litigation cases in Broward County often involve significant assets, requiring skilled legal representation. Mark R. Manceri, P.A. provides aggressive advocacy to resolve estate disputes efficiently.

Trust Litigation

Trusts are commonly used to protect assets and avoid probate, but disputes may arise between trustees and beneficiaries. Common reasons for trust litigation include:

• Breach of Fiduciary Duty: When a trustee mismanages assets, fails to distribute them properly, or acts in self-interest.
• Beneficiary Disputes: Conflicts over trust distributions or amendments.
• Fraud or Coercion: Allegations that a trust was fraudulently created or modified.
• Trustee Accounting Disputes: Beneficiaries have the right to receive transparent financial records, and disputes may arise over accounting discrepancies.

Trust litigation requires a deep understanding of Florida trust law, and Mark R. Manceri, P.A. aggressively represents clients to ensure their rights are protected.

Probate Litigation

Probate is the legal process by which a deceased person’s estate is administered, debts are paid, and assets are distributed. Probate litigation may occur due to:

• Challenges to the Will: If a will’s validity is questioned due to undue influence, fraud, or improper execution.
• Executor or Personal Representative Disputes: Executors who fail to fulfill their legal duties may be removed or sued.
• Creditor Claims: Disagreements over whether creditors have valid claims against the estate.
• Spousal and Family Rights Conflicts: Florida law grants spouses and dependents certain inheritance rights, leading to legal disputes in some cases.

Probate disputes can significantly delay estate administration. Mark R. Manceri, P.A. provides skilled legal guidance to navigate probate litigation efficiently.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Several Florida laws govern estate, trust, and probate litigation in Broward County, including:

• Florida Probate Code (Chapters 731-735, Florida Statutes): Regulates estate administration, including will contests and fiduciary responsibilities.
• Florida Trust Code (Chapter 736, Florida Statutes): Governs the creation, modification, and administration of trusts.
• Homestead Protections (Article X, Section 4 of the Florida Constitution): Establishes rules for how a deceased person’s homestead property is inherited.
• Elective Share Law (Florida Statutes §732.201-732.2155): Grants surviving spouses a right to claim a portion of the estate, even if excluded from the will.
• Statute of Limitations: Florida law sets strict deadlines for filing estate-related legal claims, varying based on the nature of the dispute.

Understanding these laws is essential when handling estate disputes, and Mark R. Manceri, P.A. ensures that his clients’ cases comply with Florida regulations.

The Estate Litigation Process in Broward County, FL

Estate, trust, and probate litigation generally follows these steps:

1. Initial Consultation: Meeting with an attorney to assess the case and discuss legal options.
2. Filing a Petition or Lawsuit: If disputes cannot be resolved informally, a formal complaint is filed in court.
3. Discovery Process: Gathering evidence, obtaining financial records, and taking depositions to build a case.
4. Mediation or Settlement Negotiations: Many disputes are resolved through negotiation or mediation to avoid lengthy court proceedings.
5. Court Hearings and Litigation: If a settlement cannot be reached, the case proceeds to trial.
6. Appeals Process (If Necessary): If a party disagrees with the court’s decision, they may file an appeal.

Mark R. Manceri, P.A. provides dedicated legal representation throughout this process, ensuring clients’ rights and interests are protected.

The Broward County Courthouse: Where Estate Litigation Takes Place

Estate, trust, and probate disputes in Broward County are handled at the Broward County Courthouse, located at:

Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, FL 33301

Mark R. Manceri, P.A. has extensive experience handling estate disputes in the Broward County court system and understands the complexities of probate and trust litigation.

Serving Throughout Broward County

• Boca Raton
• Coral Springs
• Deerfield Beach
• Fort Lauderdale
• Hollywood
• Parkland
• Plantation
• Pembroke Pines
• Pompano Beach
• Miramar
• Davie
• Weston
• Lighthouse Point

Broward County Estate, Probate & Trust Litigation FAQs

1. Can a will be contested in Florida?
Yes, a will can be challenged based on undue influence, fraud, lack of testamentary capacity, or improper execution.

2. What happens if someone dies without a will in Florida?
Florida’s intestate succession laws determine how the estate is distributed, prioritizing spouses, children, and other close relatives.

3. How long does probate litigation take?
Probate disputes can last several months to years, depending on the complexity of the case and whether a settlement is reached.

4. Can a trustee be sued for mismanagement?
Yes, beneficiaries can take legal action if a trustee breaches their fiduciary duty, mismanages trust assets, or acts in bad faith.

5. What are a beneficiary’s rights in trust and estate disputes?
Beneficiaries have the right to receive their designated inheritance, demand transparency in asset management, and contest improper distributions.

6. Can creditors file claims against an estate?
Yes, creditors must file claims within a limited time to collect outstanding debts from the estate.

7. Can an executor be removed from managing an estate?
Yes, an executor can be removed if they fail to perform their duties properly, mismanage assets, or engage in misconduct.

8. What is undue influence in estate litigation?
Undue influence occurs when someone pressures or manipulates a person into altering their estate plan for their benefit.

9. What is Florida’s elective share law?
Florida law allows a surviving spouse to claim a portion of the estate (typically 30%) even if they were excluded from the will.

10. How can Mark R. Manceri, P.A. help with estate, probate, and trust litigation?
Mark R. Manceri, P.A. provides expert legal representation for estate disputes, will contests, trust litigation, and probate administration, ensuring clients’ rights are protected.

Contact A Skilled Broward County Estate & Trust Litigation Attorney

If you need legal assistance with estate, trust, or probate litigation in Broward County, contact Mark R. Manceri, P.A. today for skilled legal guidance.

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