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Category Archives: Breach Fiduciary Duties

FAQs

Frequently Asked Questions About Revocable Trusts in Florida

By Mark R. Manceri, P.A. |

Revocable trusts are a common estate-planning tool used by Florida residents to help manage assets both during and after their lifetime. While it is not especially difficult to create a revocable trust, there can be a number of potential legal implications if you do not properly understand how such trusts work. With that in… Read More »

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EPlanning

When Can a Florida Personal Representative File a Lawsuit on the Estate’s Behalf?

By Mark R. Manceri, P.A. |

The personal representative (executor) of a Florida probate estate has a number of responsibilities. One of them is initiating any legal action on behalf of the decedent’s estate. This includes any claims the deceased would have brought had they not died. Of course, before a personal representative can take such action, they must first… Read More »

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EstateWill

How an Alleged Breach of Fiduciary Duty Can Divide a Family Business

By Mark R. Manceri, P.A. |

Going into business with family members is often fraught with peril. Issues regarding succession are often particularly tricky. Indeed, many family-owned businesses end up struggling–and often outright failing–because of legal disputes that arise when ownership must be transferred from one relative to another. Sisters-in-Law Battle Brother-in-Law in Court A recent decision from the Florida… Read More »

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POA3

Can an Agent Engage in “Self-Dealing” Under a Florida Power of Attorney?

By Mark R. Manceri, P.A. |

A Florida power of attorney grants an agent the legal authority to take certain actions on behalf of a principal. This creates a fiduciary relationship. So even where a power of attorney grants broad authority, the agent must still adhere to certain basic legal and ethical standards. For example, the agent cannot use their… Read More »

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FinanPlan

Can a Florida Probate Court Dismiss a Personal Representative Without Giving Proper Notice?

By Mark R. Manceri, P.A. |

Serving as the personal representative of a Florida probate estate is a significant responsibility. Among other things, the personal representative owes a fiduciary duty to the heirs of the estate to complete the administration of the estate in a timely manner. And the probate court can–and will–remove a personal representative who fails to carry… Read More »

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Litigation2

Actions That Can Lead to Personal Representative Liability in Florida

By Mark R. Manceri, P.A. |

The primary duty of a personal representative is to represent the decedent’s estate in probate proceedings. The representative must manage the assets of the estate, distribute them according to the decedent’s wishes, and pay off all debts and taxes. However, some actions taken by the representative can lead to personal liability. These include failure… Read More »

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Legal22

Failing to Disclose Conflicts of Interest As a Breach of a Fiduciary Duty

By Mark R. Manceri, P.A. |

Estate planning is a crucial element in ensuring that an individual’s assets are distributed according to their wishes after death. However, this process can involve various complications regarding financial and legal matters. During estate litigation, it is not uncommon for parties to have conflicting interests that can compromise their integrity and the process as… Read More »

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Legal10

Are Personal Representatives Required To Account To Beneficiaries?

By Mark R. Manceri, P.A. |

Personal Representatives are responsible for finalizing the estate of a deceased person, which includes ensuring that the decedent’s debts and taxes are paid in full, as well as distributing assets according to the will or trust document. A Personal Representative must also provide an accurate accounting to any beneficiaries of the estate. But when… Read More »

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Legal23

When Can A Florida Court Do To Remedy A Trustee’s Breach Of Fiduciary Duty

By Mark R. Manceri, P.A. |

The beneficiary of a trust may take legal action against the trustee if they believe there has been mismanagement of the trust’s assets. If the court finds the trustee has breached their fiduciary duty to the beneficiary, a judge can hold the trustee personally liable for any financial damages. But can the court restrict… Read More »

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EstateDispute

When Is An Asset Actually Transferred Into A Trust? And Why Does It Matter?

By Mark R. Manceri, P.A. |

When a person transfers an asset to a revocable living trust, it is no longer considered a probate asset. In other words, when the person dies, the asset previously placed in the trust does not pass under the terms of the person’s will. It is a non-probate asset. There are of course cases where… Read More »

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