Category Archives: Estate Trust Litigation
Is Challenging A Provision In A Will The Same Thing As “Contesting” The Will?
If a person wishes to contest the validity of a will, they must act promptly. Under Florida law, an interested person normally has just three months to file an objection, starting from when they are actually served with a notice of administration with respect to the probate proceeding. Any challenge filed after the expiration… Read More »
What Happens If Property Is Found After An Estate Has Been Closed?
The main function of the probate process is to gather and distribute assets that belonged to a deceased individual. Once the personal representative has completed administration of the estate–i.e., all debts and expenses are paid and the remainder distributed to the beneficiaries–the estate is formally closed and the probate court discharges the personal representative… Read More »
Can A Trust Beneficiary Object To The Administration Of A Related Probate Estate?
Many Florida residents create both a revocable trust and a will as part of their estate plan. It is also common practice, though certainly not necessary, to name the same person or persons as trustee and personal representative. This enables the same individual (or individuals) to oversee the administration of all assets after the… Read More »
Fate Of Winslow Homer Painting Tied Up In Florida Probate Court
There has been a lot of buzz in the press recently about non-fungible tokens (NFTs), a method of recording title to an object using blockchain technology. Many people believe that NFTs are the future of digital art collecting. But for now, traditional art collecting of physical paintings remains a big business–as do legal disputes… Read More »
How Leaving No Will Can Lead To Legal Problems
Many people die without leaving a valid will. When this happens, state law determines who will inherit the deceased person’s property. This is known as intestate succession. On paper, it is not a difficult process in most cases. For instance, if you died unmarried with three adult children and left no will, Florida’s law… Read More »
What Florida’s Amended “Revocation Upon Divorce” Rule Means For Trust And Estate Law
Since the 1950s, Florida law has included provisions for automatically cutting a person’s former spouse out of a will made prior to the divorce. This is obviously to prevent a situation where a person forgot to update their will after the divorce and potentially leaving their ex as personal representative and/or a beneficiary of… Read More »
How Florida Recently Expanded Its “Slayer Statute”
A common trope of crime fiction is the person who kills their spouse to collect the life insurance money. In reality, such schemes are doomed to fail because of what is known as the “Slayer Statute.” This is a longstanding common-law rule that was codified in the Florida Statutes back in the 1970s. Basically,… Read More »
Federal Judge Finds Estates Of Cuban Refugees May Not Pursue Lawsuit Against Alleged “Trafficker” In Stolen Property
When a Florida resident dies, their individual property immediately becomes part of their probate estate. Florida courts have referred to this as the “twinkling of the legal eye.” In practical terms, this means that at the moment of death, the decedent is no longer the legal owner of the property that now belongs to… Read More »
Does Having A Revocable Trust Eliminate The Need For A Will?
One of the key reasons people create a revocable living trust is to avoid the need for probate after their death. Assets held by a trust are not considered part of the settlor’s individual probate estate. This means that upon the settlor’s death, the trust continues to hold the trust’s assets, subject to any… Read More »
What Is A Lady Bird Deed?
A common estate planning scenario involves a parent who wants to leave their home to their adult children without the need for probate. One option would be to create a revocable trust and transfer the home into said trust. But for people who do not want to bother with the time, expense, or ongoing… 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...