Category Archives: Estate Trust Litigation
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 »
What Is The Time Limit For Enforcing A Contract Against A Deceased Person’s Estate?
A person’s death does not necessarily terminate all of their contractual obligations. The other parties to the contract may seek performance from the probate estate of the deceased, and even take legal action if necessary to remedy a breach. That said, basic principles of contract law still apply and may provide a valid defense… Read More »
Can Someone Appeal A Probate Decision If They Are Not An “Interested Person”?
Not everyone has the legal right to challenge a will or participate in a probate proceeding. Florida law only recognizes such rights for “interested persons.” The statutory definition of an interested person is someone “who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” Broadly speaking, this group… Read More »
What Is The “Probate Exception”?
Probate is typically a state matter. In other words, any disputes regarding the administration of a probate estate must be tried under state law. Indeed, federal courts will typically abstain from intervening in state probate matters even when they would normally have jurisdiction. This principle is commonly referred to as the “probate exception” 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...