Category Archives: Estate Trust Litigation
When Is a Will Valid in Florida?
Creating a valid will is one of the most important steps to ensuring that your wishes are followed after your passing, but not all wills are legally enforceable. In Florida, strict legal standards determine whether a will is valid. For example, a key component is testamentary capacity, or the mental ability of the person… Read More »
Can a Federal Judge Appoint a Personal Representative for a Florida Estate?
In the United States, probate has always been a matter for state law and state courts. This means that when a Florida resident dies, a Florida Circuit Court must appoint a personal representative for the decedent’s probate estate. The Circuit Court also supervises the probate process, which includes addressing any disputed creditor claims against… Read More »
Can a Florida Court Order Discovery in a Foreign Probate Case?
Probate litigation can arise when one group of heirs or family members believe that the executor–often a family member themselves–is hiding or concealing assets. Given Florida’s position as a hub of international commerce, there may also be cases where people from outside the United States allege such assets are being illegally hidden in Florida…. Read More »
Who Is a “Reasonably Ascertainable” Creditor of a Florida Probate Estate?
Florida probate rules impose strict time limits on the filing of creditor claims. That is, anyone who claims the deceased owed them money must file a written claim with the personal representative of the decedent’s estate within a certain period. This deadline is either 3 months from the date a notice to creditors is… Read More »
What Is Undue Influence?
In the realm of estate planning, understanding undue influence is crucial. Whether you are drafting an estate plan or are in the process of distributing assets, undue influence can derail the intentions of the person creating the will, who is referred to as the testator, and lead to significant legal disputes. Recognizing the signs… Read More »
When Can a Florida Personal Representative File a Lawsuit on the Estate’s Behalf?
The personal representative (executor) of a Florida probate estate has a number of responsibilities. One of them is initiating any legal action on behalf of the decedent’s estate. This includes any claims the deceased would have brought had they not died. Of course, before a personal representative can take such action, they must first… Read More »
When Is a Curator Necessary for a Florida Probate Estate?
Under Florida law, a personal representative is the person responsible for administering a probate estate. There are, however, situations where someone may need to take temporary charge of the estate until a personal representative can be appointed. This can include a scenario where there is a disagreement between family members over who should serve… Read More »
Can the Settlor of a Trust Gift the Trust Property Back to Herself?
A revocable trust is one where the settlor–the person who created and funded the trust–has the right to revoke the trust at any point during their lifetime. Revocation is not all-or-nothing. It is possible to partially revoke a trust. For example, the settlor can remove certain assets from the trust, returning legal title to… Read More »
Does the Attorney-Client Relationship Survive the Client’s Death?
In general, when you authorize a person to act on your behalf, that authorization will end if you die. For example, if you sign a power of attorney designating someone to serve as your agent, your death automatically terminates that relationship. Similarly, if a Florida court appoints a person to act as guardian for… Read More »
Does a Probate Estate Have to Pay a Deceased Person’s Criminal Fines?
What happens when a person dies while awaiting a trial on criminal charges? The short answer is that the criminal prosecution effectively dies with them. Even if a defendant has already been tried and found guilty by a jury, if they die while their conviction remains on direct appeal, as a matter of law… 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...