Category Archives: Estate Trust Litigation
Joint Tenants Or Tenants In Common? Why The Distinction Matters When It Comes To Probate
When two people hold title to real property as joint tenants with right of survivorship, that means that when one owner dies, the other automatically receives full ownership of the property. The property does not pass through the probate estate of the deceased joint tenant first. In other words, if Steven and Kelly own… Read More »
Can I Still Serve As My Late Spouse’s Executor If They Died While Our Divorce Was Pending?
When a married person dies in Florida, their surviving spouse has certain statutory rights. This includes the right to a certain share of their deceased spouse’s estate, as well as first priority to be appointed as personal representative of that estate. These rights may be waived, however, through a written contract or agreement signed… Read More »
Prince Estate Finally Headed For Resolution After Six Years
Prince Rogers Nelson, the musician best known just by his first name “Prince,” died nearly six years ago, in April 2016. Yet only now, in early 2022, is his probate estate close to winding down. So why has the process taken so long and what lessons can we take away from this estate? Disputes… Read More »
Can A Notary Also Serve As Witness To A Will?
One of the critical requirements to make a valid will in Florida is two witnesses. More precisely, the person making the will (i.e., the testator) must sign their original will in the presence of at least two witnesses. That is to say, the testator and both witnesses must be together at the time the… Read More »
Florida Appeals Court: Probate Judge Lacked Authority To Enforce Settlement Agreement Between Estate And Charitable Foundation
Probate and trust disputes are often resolved through negotiated settlement as opposed to contested litigation. A settlement agreement is a legally binding contract that may be enforced in court if necessary. That can mean that the aggrieved party either has to file a new civil lawsuit or, if possible, seek to enforce their rights… Read More »
Florida Courts Sort Out International Dispute Over Artworks Stolen From Trust
It is not unheard of for a family member to take a deceased loved one’s possessions without going through the proper probate process. Consider the hypothetical example of the person who takes a painting “because the deceased would have wanted me to have it.” Such minor disputes do not necessarily lead to litigation. Of… Read More »
Fight Over Divorce Settlement Continues After Both Parties Died
A divorce is meant to be a final resolution of any outstanding financial issues between the former spouses. Of course, that is not always the reality. Many ex-couples spend years continuing to litigate against one another–and in some cases, even their estates may continue the fight long after they are gone. Consider this recent… Read More »
What Happens When Someone Steals An Estate Asset By Forgery?
The personal representative of a Florida probate estate is responsible for gathering all of the estate’s assets. This may include taking steps to recover property that may have been wrongfully taken from the decedent during or after their lifetime. Such steps may include initiating civil litigation on behalf of the estate outside the regular… Read More »
The Importance Of “Permanent Residence” In Florida Probate Cases
The probate of a deceased person’s estate is a matter of state law. It therefore matters where the deceased person lived–or made their residence–at the time of their death. While this is often not a difficult thing to determine, it may be complicated if the deceased owned residences or property in multiple states. For… Read More »
How Florida’s Constitution Restricts Your Ability To Devise Your Primary Residence Via Will
In most cases, a person is free to dispose of their property as they choose when making a will. There is one notable exception, at least in Florida. A Florida resident’s homestead property–that is, their primary residence–is subject to certain constitutional and statutory restrictions when it comes to inheritance. Basically, if you have a… 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...