Category Archives: Estate Trust Litigation
What to Know about Terminating a Florida Irrevocable Trust
When someone sets up a Trust, the primary benefit is to serve the needs of its beneficiaries. And, the Trustee appointed has a fiduciary duty to represent the interests of those beneficiaries. If the time comes where a Trust is no longer meeting those needs or the Trust’s purpose has been achieved, then it… Read More »
How Long Do You Have to Contest a Will in Florida?
The time to contest a will in Florida will vary based on circumstances. Generally, the time frame can be relatively short. In general, you have 3 months after the Notice of Administration is provided by the Estate’s Personal Representative. If you have already received a formal notice of the probate proceeding before the Will… Read More »
Protecting Yourself from Liability as a Trustee in Florida
Accepting the responsibility to be a trustee is something that should not be taken lightly. It is a huge responsibility, and you are putting yourself at risk of facing legal problems if something goes wrong. As a trustee, it is generally recognized that you have a lot of integrity and can be trusted with… Read More »
How a Pompano Beach Estate Plan Can Help You Avoid Potential Disasters
Estate planning is a topic that people like to avoid talking about. And, it makes sense — most people don’t want to think about their own mortality. However, estate planning is a very important topic that should not be pushed to the side. Even if you don’t have any assets, it’s important to develop… Read More »
What Does Decanting a Trust in Florida Mean?
Have you created an irrevocable trust in Florida? Was this done recently, or was it done years ago? If you created it prior to 2007, an irrevocable trust was just that, irrevocable. This means it could not be revoked or changed in any way. However, the answer on whether an irrevocable trust can be… Read More »
Florida Power of Attorney Disputes
When someone creates their estate plan, it can be an emotional process. Especially because the decisions you make during this process can cause problems down the line between family members. People may challenge your decisions on how you opted to allocate your assets, or they may question your choices on who is managing your… Read More »
Understanding Testamentary Capacity in Florida Estate Litigation
Someone who executes a will is known as the testator. In order to legally execute a will, he or she needs to possess a certain level of mental ability at the time it is prepared. The legal term for a person’s mental ability to make a will is known as testamentary capacity. There are… Read More »
What Happens if You Breach Your Fiduciary Duty in a Florida Probate?
If you are named an executor of someone’s estate, or you are the trustee for someone’s trust, you have to obey something known as a fiduciary duty. This means you have a legal obligation to act in the best interest of the beneficiaries of the trust or will. For example, to better understand this… Read More »
Common Misconceptions about How Probate Works in Florida
It’s understandable that you may not know much about how the probate process works in Florida. Unless you’ve had someone close to you die or have been named as the Personal Representative in someone else’s estate, there is very little chance you’ve dealt with this legal process before. However, it’s still important that you… Read More »
What Does a Personal Representative Do During the Probate of an Estate?
Personal Representatives are individuals named in a Will to carry out the terms of the Will, subject to the requirements of Florida law. In certain circumstances, the can also be appointed by the Probate Court. This individual owes a fiduciary duty to the beneficiaries and creditors to manage the estate properly. This is similar… 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...