Category Archives: Estate Trust Litigation
Why Would An Estate Be Turned Over to The State Of Florida?
According to some surveys, approximately two-thirds of U.S. adults do not have a will. Dying with no will is not necessarily a problem. Florida has intestacy laws to provide for such situations. The general rule is that an intestate estate–i.e., any probate property not disposed of by will–is first divided among the spouse and… Read More »
Florida Appeals Court: Trust Beneficiaries Must File Separate Lawsuit To Challenge Trust Accounting
Sometimes, trust litigation is the result of an incomplete or poorly drafted trust instrument. Take this recent decision from the Florida First District Court of Appeal, Stokes v. Jones. This is part of an ongoing lawsuit involving the trustees and beneficiaries of a trust created by a now-deceased settlor. The settlor had named her… Read More »
Is An Estate Bound By A Prenuptial Agreement?
Engaged couples often sign prenuptial (or antenuptial) agreements in contemplation of marriage. Although most people associate such agreements with divorce, they can also make provisions for what happens in the event either spouse dies while the parties are still married. For example, a prenup might provide each spouse waives certain rights they might have… Read More »
Can A Contract Override My Will?
In general, a person is free to dispose of their property in their last will and testament as they wish. But a will does not override any preexisting contracts the person may have signed. Put another way, you cannot use your will to dispose of property in a way that violates the terms of… Read More »
What Happens When The Personal Representative Of An Estate Improperly Takes Property For Themselves?
Personal representatives have a fiduciary duty to the heirs and beneficiaries of a probate estate. This means, among other things, that an executor cannot embezzle estate assets for their own personal benefit. If such embezzlement occurs, the beneficiaries of the estate have the right to take legal action against the personal representative. Kansas Supreme… Read More »
How Does Probate Work In Florida?
When a loved one has passed away, the family is often unsure of how to proceed in terms of opening a probate estate. There may be some confusion as to whether or not the deceased left a will. And of course, there may be relatives and creditors looking to claim part of the estate… Read More »
Can Someone Still Get Married If They Are Under A Court-Ordered Guardianship?
Under Florida law, when an adult is declared incapacitated and subject to a guardianship, that adult–known as a ward–may be deprived of certain legal rights. Some of these rights may be delegated to the guardian, such as the ability to enter into contracts or apply for government benefits on the ward’s behalf. Other rights… Read More »
What Happens If A Will Goes Missing?
After a person has died, it is critical to locate and file the original, signed will with the appropriate probate court. Ideally, the deceased will have left their will in a safe-but-accessible place for their executor or another family member to locate. Many people choose to leave their original wills with their attorneys as… Read More »
Do Illegitimate And Adopted Children Have Inheritance Rights In Florida?
While there was a time when children born outside of marriage did not enjoy the same inheritance rights as those born to a married couple, the law no longer works that way. In Florida, a child who is born “out of wedlock,” or even one who is legally adopted by the parent, enjoys the… Read More »
The Legal Effects Of Making A New Will Vs. Making A Codicil
It is not uncommon for people to change their Wills several times during their lifetimes. The common practice is to simply make a new will each time. But some people choose to amend an existing will instead. This is done by signing a separate legal document known as a Codicil. From a legal standpoint,… 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...