Category Archives: Estate Trust Litigation
What Is an “Adversary Proceeding” in a Florida Probate Estate?
The process of administering a Florida probate estate is generally not adversarial. That is to say, a probate proceeding does not typically involve litigation. The personal representative appointed to administer the estate simply gathers any probate assets, pays any debts and expenses, and distributes whatever remains to the heirs or beneficiaries of the decedent…. Read More »
Suing a Trustee vs. Suing an Individual in Trust Litigation
A trustee is a fiduciary who oversees the administration of a trust. Typically, if a person wishes to sue the trust, they sue the trustee in their fiduciary capacity. In other words, they are not suing the trustee individually. Of course, there are situations where someone may need to sue the trustee in their… Read More »
Florida Court Dismisses Trust’s Lawsuit Against Grantor’s Estate Over “Unpaid Rent”
Estate planning trusts are commonly used to hold and manage real estate. Indeed, many Florida residents take advantage of trusts to own and transfer their personal residences outside of the normal probate process, while still preserving their ability to keep living at home during their lifetimes. While such arrangements usually benefit all parties involved,… Read More »
Can a Florida Estate Sue a Non-Florida Law Firm?
When a Florida plaintiff wants to sue a non-Florida defendant, it is necessary for the plaintiff to establish that a Florida court has “personal jurisdiction” over the defendant. This is typically accomplished through Florida’s Long-Arm Statute. Basically, the plaintiff must demonstrate the defendant has sufficient “minimum contacts” with Florida such that the defendant could… Read More »
How Long Does a Creditor Have to File a Civil Lawsuit Against a Florida Probate Estate?
Florida’s Probate Code spells out a number of procedures that must be strictly followed when administering a deceased individual’s estate. Many of these procedures deal with creditor claims, such as demands for payment of debts owed by the decedent at the time of their death. The first step in this process is for the… Read More »
Can You Enforce an Oral Contract Against the Widow of a Deceased Debtor?
Many of us have lent money to family members at one time or another. In most cases, there is no written contract or agreement specifying repayment terms for such loans. An oral agreement is often thought to be sufficient. Florida Courts Reject Attempt to Collect on 20-Year-Old Oral Loan Agreement Of course, when one… Read More »
How Does a Florida Trust Beneficiary Challenge a Trustee’s Decisions?
Unlike probate estates, Florida trusts are generally not subject to ongoing court supervision. A trust is effectively a private matter between the settlor–the person who creates the trust–the trustee, and the beneficiaries. Of course, legal disputes can and do arise over the administration of a trust. For example, a beneficiary may wish to challenge… Read More »
When Is a “Surviving Spouse” Not a Surviving Spouse?
When a married person dies, their surviving spouse enjoys certain rights and protections under Florida law. For example, a surviving spouse continues to enjoy any homestead property rights with respect to the primary residence. A surviving spouse can also claim a “family allowance” of up to $18,000 for their maintenance while their deceased spouse’s… Read More »
What Is “Conversion” Under Florida Law?
Conversion is a form of civil theft. Florida courts have defined conversion to mean “the exercise of wrongful dominion and control over property to the detriment of the rights of its actual owner.” Essentially, if someone else has your property, and they refuse to return it to you upon demand, they have engaged in… Read More »
Do Witnesses to a Will Actually Have to Testify in Court?
Florida law has strict requirements when it comes to witnessing a last will and testament. The person executing the will–who is known as the testator–must sign the written will in the presence of at least two witnesses. The witnesses can be effectively anyone. State law only requires that they be a “competent” person, i.e.,… 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...