Category Archives: Estate Trust Litigation
How Contractual Obligations Can Follow Your Trust or Estate After You Die
In general, you are free to make a will or trust free of outside restrictions. However, if you have previously entered into a legal contract where you agree to make certain provisions in your estate plan, the other party can turn around and sue your estate or trust if you did not hold up… Read More »
How Failing to Follow the Rules Can Invalidate a Florida Will
One of the easiest ways to encourage a challenge to your will is not to observe the proper legal formalities. A last will and testament need not be a long, complicated document. But it does need to comply with certain basic legal requirements. Failure to comply can make it much easier for a disgruntled… Read More »
How an Unclear Gift in a Will or Trust May Lead to Probate Litigation
Sometimes estate and probate litigation is the result of a dispute over the validity of a deceased person’s actions. Other times, it is clear the decedent had the ability to act, but perhaps their intentions were unclear. And anytime there is ambiguous language in a will or trust, potential beneficiaries may initiate litigation simply… Read More »
How Do You Determine the Value of a Florida Probate Estate?
The famous musician Prince died in 2016. Yet even now in 2021, his probate estate remains in legal limbo. Prince died without leaving a will and his estate has six surviving siblings, who have spent the past four-plus years trying to sort out his estate. One of the key issues, according to a recent… Read More »
Testamentary Capacity at the Time of Execution
Courts are generally reluctant to invalidate Wills, unless a beneficiary or heir can provide proof of one of a few types of fraud, including forgery, undue influence, and a lack of testamentary capacity. Even when there is evidence of one of these kinds of fraudulent activities, a Court will only review allegations through a… Read More »
What Type of Evidence is Used to Prove Forgery?
There are only a few different ways to invalidate a Will in Florida, one of which is to prove that the document doesn’t actually represent the wishes of the alleged testator, but is a forgery. Proving that someone else (besides the testator) wrote, signed, or modified a will without that person’s consent can, however,… Read More »
Common Types of Disputes with a Florida Power of Attorney
Creating an estate plan is an emotional process. You have to think about how your choices will affect your loved ones. Will you cause an argument between family members if you opt to leave an asset to a particular family member? Not only do you need to think about what to leave to who,… Read More »
What to Know About Estate Tax and Florida Estate Planning
After you work your whole life to provide for your family, some people assume that drafting a Will is enough to protect your loved ones after you pass away. However, proper estate planning is more than just drawing up a Will. Spend the time to ensure your estate plan is complete. That can help… Read More »
Should You Name More than One Personal Representative in Your Florida Will?
When you are drafting your Will, one of the first decisions you need to make is to select a Personal Representative for your Estate. This decision is an important one as this person will be tasked with a lot of responsibility upon your death. You also need to consider what happens if a dispute… Read More »
Important Mistakes to Avoid When Selecting Your Beneficiary Designations
It may surprise you to know that your Will is not the only controlling document that determines who inherits your assets. Some assets pass to another person through a beneficiary designation. This is where you fill out a form with the company that holds the assets, and you choose one or more people to… 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...