Category Archives: Estate Trust Litigation
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 »
What To Know About Contesting Inter Vivos Transactions In Florida
Not all of a testator’s assets are always bequeathed after their death. In fact, many testator’s worry that their will or other aspects of their estate plan will be challenged in probate court. As a means of trying to get around that, they may give away assets and property during their lifetime to ensure… Read More »
Contesting A Creditor’s Claims In Probate Court
Losing a loved one is often a tragic occurrence involving a mix of confusing emotions. However, for creditors, the death of your loved one may be seen as more of a free for all. If a lender or creditor is using the probate process as an excuse to file false claims of debt, you… Read More »
What We Can Learn From Habal V. Habal About Challenging A Revocable Trust
If you have a revocable trust or have considered getting one, the primary motivation was likely the flexibility that a revocable trust grants you. Unlike other kinds of trusts, a revocable trust allows you to retain the power to change or modify the trust and its beneficiaries freely throughout your lifetime. In fact, this… Read More »
What Is The Standard Of Proof For Undue Influence In Florida
Has your loved one been taken advantage of? This is often the case when it comes to undue influence cases. In matters of undue influence, individuals who share a confidential relationship with the victim, exploit the control that they have over the person, who is typically an elderly or vulnerable individual, in order to… Read More »
What Claveloux V. Bacotti Teaches Us About Tortious Interference With An Expected Inheritance
Most estate law deals with matters that are litigated in probate court. For instance, undue influence claims are made by challenging a decedent’s will in probate court. However, in the case of tortious interference with an expected inheritance, things play out a little differently. If you were expecting to receive an inheritance only to… Read More »
Proving Undue Influence In Florida
Many people think that they are doing a good thing when they invest a great deal of money in hiring a caretaker for their parent or an elderly loved one. Doing so can allow the individual to remain in their home, maintain some autonomy, and avoid a nursing home. However, when it comes to… Read More »
Do I Have Standing To Contest Inter Vivos Transactions?
When you have an elderly loved one who has been taken advantage of, it can be hard to figure out where to start when it comes to trying to make things right. Elderly and sick individuals are especially vulnerable when it comes to being taken advantage of, for instance, by others close to them… Read More »
Contesting A Guardianship In Florida
There unfortunately often comes a time when our elderly loved ones are no longer able to manage their own affairs due to a lack of capacity. If this is the case, they may face serious challenges due to unpaid bills and an inability to make good decisions about their own medical care or finances…. 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...