Category Archives: Estate Trust Litigation
What Is Undue Influence?
In the realm of estate planning, understanding undue influence is crucial. Whether you are drafting an estate plan or are in the process of distributing assets, undue influence can derail the intentions of the person creating the will, who is referred to as the testator, and lead to significant legal disputes. Recognizing the signs… Read More »
When Can a Florida Personal Representative File a Lawsuit on the Estate’s Behalf?
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 »
When Is a Curator Necessary for a Florida Probate Estate?
Under Florida law, a personal representative is the person responsible for administering a probate estate. There are, however, situations where someone may need to take temporary charge of the estate until a personal representative can be appointed. This can include a scenario where there is a disagreement between family members over who should serve… Read More »
Can the Settlor of a Trust Gift the Trust Property Back to Herself?
A revocable trust is one where the settlor–the person who created and funded the trust–has the right to revoke the trust at any point during their lifetime. Revocation is not all-or-nothing. It is possible to partially revoke a trust. For example, the settlor can remove certain assets from the trust, returning legal title to… Read More »
Does the Attorney-Client Relationship Survive the Client’s Death?
In general, when you authorize a person to act on your behalf, that authorization will end if you die. For example, if you sign a power of attorney designating someone to serve as your agent, your death automatically terminates that relationship. Similarly, if a Florida court appoints a person to act as guardian for… Read More »
Does a Probate Estate Have to Pay a Deceased Person’s Criminal Fines?
What happens when a person dies while awaiting a trial on criminal charges? The short answer is that the criminal prosecution effectively dies with them. Even if a defendant has already been tried and found guilty by a jury, if they die while their conviction remains on direct appeal, as a matter of law… Read More »
Dispelling Two Common Myths About Florida Revocable Trusts
Revocable living trusts are often used in Florida estate planning to help individuals pass their property on to family members (or other beneficiaries) outside of the normal probate process. When properly structured and administered, a revocable trust can help secure your family’s financial security even after you are gone. At the same time, revocable… Read More »
How Far Can “Dead Hand Control” Go in a Florida Will?
People often use their will (or trust) to make conditional gifts to their beneficiaries. A common example involves tying a gift or bequest to age. For instance, if you have a child who is still a minor, your trust might include language specifying they will not receive their share until they reach the age… Read More »
The Importance of Taking a Consistent Position in Probate Litigation
There is a principle in civil litigation known as judicial estoppel. The basic idea is fairly simple to explain. Basically, if you take a position during a lawsuit, you cannot take a conflicting or contradictory position later in the same case. Even if your new position has merit, the court can hold the party… Read More »
Florida Judge Rejects Children’s Attempt to Disinherit Father Under “Slayer Statute”
It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will… 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...