Category Archives: Estate Trust Litigation
3 Ways a Florida Revocable Trust Will Not Protect You
Revocable trusts are commonly used in Florida estate planning as a means of shielding certain assets from the probate process. The basic idea behind a revocable trust is that you give certain assets to a trustee–who can be yourself during your lifetime–and that when you die, a successor trustee may continue to administer or… Read More »
What Actions Qualify as “Revoking” a Florida Will?
A last will and testament only becomes “final” when the testator dies. While they are still alive and legally competent, they can revoke their will at any time. The most common method of revocation is by writing. Typically, when someone executes a new will, it includes language expressly revoking any previous wills. But Florida… Read More »
How Do You Appraise the Value of a Florida Probate Estate?
The personal representative (executor) of a Florida probate estate must fulfill many duties under the law. One of them is to properly inventory the estate. Essentially, this means gathering all of the property that belonged to the decedent–and is not exempt or excluded from probate–and file a list with the court listing each asset… Read More »
When Does a Fiduciary Duty Exist Under Florida Law?
A common cause of trust and estate litigation in Florida is breach of fiduciary duty. A fiduciary duty means that one person has a legal obligation to act in a way that will benefit another person financially. To give a simple, non-probate example, the director of a business corporation has a fiduciary duty to… Read More »
Can Florida Probate Courts Settle Disputes Over Real Estate Ownership?
One of the main functions of probate in Florida is to ensure any creditors of the deceased are paid. A creditor must file a claim against the estate. The personal representative can then pay or object to the claim. Son Pursues Quiet Title Claim Against Late Mother’s Probate Estate Although claims against the estate… Read More »
How a Marital Settlement Agreement Can Affect Your Will–Even Decades Later
A Florida resident is generally free to determine the terms of their own will. They can, for instance, choose to disinherit their adult children if they wish. But a person may also enter into a legally binding contract that subsequently affects the terms of their will. For example, a prenuptial or postnuptial agreement might… Read More »
Is a Probate Estate Liable for Back Child Support?
When it comes to paying creditors of a probate estate, some claims take legal priority over others. In fact, Florida law establishes eight different probate creditor classes. Those in Class 1, related to the expenses of administering the probate estate itself, take priority over all other claims. Another example is Class 6, which covers… Read More »
Who Can Open a Deceased Person’s Safe Deposit Box in Florida?
When someone passes away, one of the first tasks their family or legal representative will do is try and locate a will. Many Florida residents choose to keep their original will and other key documents, such as their life insurance policies, in a safe deposit box. But how does the decedent’s estate or next… Read More »
Can You Pursue Estate Litigation Outside of Probate in Florida?
As a general rule in Florida, legal disputes over a deceased individual’s probate estate must be resolved as part of the probate proceeding itself. Put in different terms, if you had an adequate opportunity to litigate a probate dispute during the original administration of the estate, you cannot later try and file a separate… Read More »
What Happens When a Florida Probate Lawyer Has a Conflict of Interest?
Probate disputes in Florida can lead to litigation. This means a trial before a judge who must hear witness testimony with respect to the underlying issue, such as a contested will. In some cases, this can present certain legal conflicts, particularly when the attorney who prepared the will may also end up as a… 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...