Category Archives: Estate Trust Litigation
Suing For Breach Of Fiduciary Duty
When someone passes away, their estate goes to probate. If there are any trusts in their estate, they will be managed by a trustee. The administrator and trustee both have fiduciary duties, which means that it is their job to manage the trust or estate and to put the best interest of the trust… Read More »
Do You Think Your Loved One’s Will Is Forged?
If your loved one’s will contains more than a couple of shocking modifications this can be a serious red flag that something is not right. In some cases, the elderly are forced, manipulated, or unduly influenced into making modifications to their will and estate plan that favor someone in a position of power over… Read More »
How To Fight For The Inheritance That You Deserve
If you have lost a loved one that you were close to and from whom you expected an inheritance, it can be painful and infuriating to learn that their will or intentions have been tampered with or influenced. If you were expecting a large inheritance, and instead learned that the majority of your loved… Read More »
When Is Estate Litigation Necessary?
If you find your name listed on a probate court notice, chances are, you are about to be involved in estate litigation. You may or may not have any say in the matter. For instance, you may need to initiate probate litigation in the event that a loved one is unduly influenced or you… Read More »
Contesting Beneficiary Designations In Florida
If you were expecting to inherit from a family member or loved one, and had a reasonable basis on which to believe you were inheriting, it can be a strong indicator of fraud or other invalidating activities. If your inheritance was not what you expected, or you were surprised to learn that you were… Read More »
Challenging A Conditional Bequest In Court
Have you received a conditional request from a recently deceased loved one? Maybe it would help to understand what a conditional bequest is before answering. When an individual makes their will, they clearly state who they want all of their assets given to. These gifts made through wills are known as bequests. If a… Read More »
Can I Contest A Will For Not Being Signed?
Have you recently lost a loved one? If so, you may be experiencing the difficulties that come with mourning and processing upsetting probate news at the same time. No one wants to be focused on legalities and administrative issues while grieving the loss of a loved one, however, because of the way our probate… Read More »
What Is Tortious Interference With An Expected Inheritance?
Few things are more difficult than losing a loved one, but some people are dealt a second blow on the heels of their mourning when they learn that they are no longer a beneficiary in their family member’s will. If you expected to be a beneficiary, it can be jarring to learn that significant… Read More »
What Is The Carpenter Presumption?
The elderly are a particularly vulnerable population. Often, they are taken advantage of by individuals who hope to profit from their estate by inserting themselves into the elderly person’s life close to the end. This can come as a jarring realization to family members who expected to be beneficiaries, only to learn that they… Read More »
Can I Challenge A No Contest Clause In A Trust?
After putting all the work into creating an estate plan, it is understandable that you would want to do everything you can to ensure that your wishes will be enforced as written and that your wishes will be honored. For this reason, many testators include no contest clauses in their trusts. No contest clauses… 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...