Category Archives: Estate Trust Litigation
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 »
Enforcing a Prenuptial Agreement in a Florida Probate
An increasingly common situation in Florida probate litigation is the existence of a Prenuptial Agreement. A Prenuptial Agreement is an Agreement made before the marriage. It dictates how certain assets will be handled in the event the marriage fails. Prenuptial agreements are legally binding contracts when executed properly. Provided there is nothing that goes… Read More »
Important Assets to Include in Your Pompano Beach Estate Plan
Creating a comprehensive Florida estate plan is crucial as it can help reduce potential disputes. If you don’t include your important assets, family members can be left arguing over what they believe your wishes were. When estate planning disputes arise, you need a Pompano Beach estate and trust litigation attorney. At Mark R. Manceri,… 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...