Category Archives: Estate Trust Litigation
What Do I Do If I Suspect Will Forgery?
Many people are surprised, if not shocked, to learn that they inherited nothing from a family member’s estate. In some cases the excluded family member may suspect the will itself was forged or tampered with in some way. Although will forgery is rare, it does happen. So what steps should you take if you… Read More »
What Are The Different Types Of Fiduciaries In Florida?
A fiduciary is someone authorized to act on behalf of another person in some capacity. When it comes to probate estates, trusts, and guardianships, there are a number of different kinds of fiduciaries who may be responsible for administering someone else’s property. The terminology is often confusing to family members who are inexperienced with… Read More »
How Delays In Appointing A Personal Representative Can Affect An Estate’s Legal Claims
The appointment of a personal representative is a crucial step in establishing a probate estate’s control over a deceased person’s assets. Keep in mind, probate assets are not just limited to property that was in the decedent’s possession on the date of their death. There may also be monies owed to the decedent that… Read More »
Does A Subsequent Marriage Or Divorce Revoke A Will?
When a person makes a last will and testament, that document remains in force until either (1) the person dies and the will is filed for probate or (2) the will is legally revoked. Revocation can be accomplished either through physically destroying the original will or by signing a written document–including a superseding will–that… Read More »
Is A “Payable On Death” Account A Probate Asset?
One way to keep certain assets out of probate is to title them as “payable on death” (POD) to a beneficiary. POD designations are commonly used in connection with bank accounts. For example, let’s say Judith wants to leave her checking account to her son Ryan. Instead of leaving him the account in her… Read More »
What Is The Role Of A Guardian Ad Litem In Probate Litigation?
In probate litigation, there are often situations where a court will appoint a guardian ad litem (GAL). A GAL is basically an individual who represents the interests of someone who cannot legally speak for themselves, such as a deceased person (i.e., a decedent), a minor, or a living incapacitated adult. A GAL is not… Read More »
What Is The “Inheritance Tort”?
If a will is procured by fraud or duress, a Florida probate court can invalidate the document in whole or in part. But what about a situation where a potential beneficiary claimed it was denied a promised inheritance due to a third party’s fraud or duress? Can that third party be held legally responsible… Read More »
What Is Considered Exploitation Of The Elderly Under Florida Law?
Florida has comprehensive laws designed to protect the elderly and disabled from physical, psychological, and even fiscal harm. For example, Section 825.103 of the Florida Statutes addresses “exploitation of an elderly person or disabled adult.” An elderly person is defined here as a person who is at least 60 or is otherwise suffering from… Read More »
Florida Appellate Courts Divided Over Insurer’s Liability For Late Claims Against Probate Estate
Florida law promotes the timely settlement of probate estates. To that end, the state imposes a number of deadlines on creditors who wish to file claims against the personal representative of an estate. In most cases, a creditor must present a claim within three months of the personal representative’s publication of a formal notice… Read More »
The Potential Risks Of A Probate Estate With Multiple Personal Representatives
The personal representative (or executor) is the person responsible for administering a Florida probate estate. When the deceased left a will, that document will typically nominate someone to serve as personal representative, often a spouse, adult child, or other close relative or friend. In most cases, there is only one person named to serve… 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...