Category Archives: Estate Trust Litigation
Is a Life Insurance Policy a Probate Asset?
One of the more common points of confusion when it comes to administering a deceased person’s property is the legal distinction between probate and non-probate assets. Generally speaking, a probate asset is one that passes according to the terms of the deceased owner’s last will and testament; or they had no will, then as… Read More »
Can a “Potential Heir” Seek a Determination of Homestead Status in Florida?
The Florida Constitution provides broad protections for a person’s primary residence or “homestead.” This protection takes a number of forms. One of them is actually a restriction on the devise of the homestead property. Basically, if the owner is survived by a spouse or a minor child, they cannot leave the homestead property to… Read More »
How Representing Yourself in Probate Litigation Can Go Wrong
Estate and trust litigation is generally quite complex. These are highly specialized areas of Florida law. So it makes sense that if you become involved in such litigation, you would want to work with a qualified attorney. The last thing you want to do is represent yourself. While you can act pro se in… Read More »
How a Sibling Squabble Can Lead to Allegations of Breach of Fiduciary Duties
It is fairly common for people creating a revocable trust to name a family member as their successor trustee. This can lead to some confusion over the successor trustee’s role, particularly if they are also a beneficiary of the trust. In some cases, the trustee may confuse their rights as a beneficiary with their… Read More »
Florida Courts Reject Purported Second “Lost” Will
Back in 2022, we discussed a Florida probate case involving a woman (the petitioner) who claimed she had found a lost will of her late step-grandfather (the decedent). The probate court determined the document presented–which was signed but not witnessed–was invalid and the decedent had, in fact, died leaving no will. The Florida Third… Read More »
FAQs About Florida Wills
It is a good idea for every Florida to make a last will and testament. Executing a will is not difficult. But it does require following certain legal formalities to protect against possible legal challenges after you die. With that in mind, here are some common questions we get about wills and probate here… Read More »
How a Tragic Murder-Suicide Creates Probate Complications for the Survivors
Domestic violence is an all too common problem here in Florida. Many high-profile murder cases involve family members killing one another. And even when the killer is no longer alive to face criminal charges, there can still be significant estate and probate litigation arising from such horrific acts. Mother Files Wrongful Death Claim… Read More »
Can a Surviving Unmarried Partner Assert Any Rights in a Florida Probate Estate?
Florida law confers a number of legal rights on the surviving spouse of a deceased individual. For example, a surviving spouse has priority to be named personal representative of the deceased spouse’s estate, assuming there is no will naming someone else to serve in that role. And even when there is a will, the… Read More »
Are Florida Wrongful Death Awards Subject to Probate?
When someone dies as the result of the negligent or intentional act of another, the personal representative of the victim’s probate estate may file what is called a wrongful death lawsuit against the responsible parties. Wrongful death is a special type of personal injury claim created by Florida law. And while the victim’s estate… Read More »
What Happens to a Florida Homeowners Mortgage After They Die?
Florida has some of the strongest homestead protections in the country. This means that unsecured creditors generally cannot force you to sell your primary residence to satisfy a debt. But this protection does not cover a secured debt such as a mortgage. Obviously, if you fail to make your mortgage payments, the lender can–and… 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...