Category Archives: Estate Trust Litigation
The 5 Risks of Being Personal Representative
Being appointed Personal Representative is an honor, but it comes with many risks. A Personal Representative is responsible for managing the estate of a deceased individual. This entails a lot of work and responsibility, and the executor may face many challenges throughout the process. If you were appointed Personal Representative in Florida – you… Read More »
Who Has the Right to Make Funeral Arrangements in Florida?
Florida Statutes § 497.005(43) gives certain “legally authorized persons” the right to make funeral arrangements. The right to make decisions regarding the decedent’s body and funeral services goes to the following individuals in this particular order: The deceased person, if they left written directions for the funeral before their death; The deceased person’s surviving… Read More »
What Does an Estate Litigation Lawyer Do?
The passing of a loved one can be extremely heart-wrenching and emotionally difficult to deal with. However, things can quickly become even more complex if legal disputes arise over their estate, last will, or testament. Estate litigation lawyers are specialized attorneys who assist with managing potential disputes and finding the right solutions for all… Read More »
What Is a No-Contest Clause in a Will?
Contesting a will can be a challenging and lengthy process, but what if the will you are trying to contest has a no-contest clause? This clause essentially disincentivizes beneficiaries from challenging the validity of a will by forfeiting their inheritance if they do. Our Pompano Beach estate litigation lawyer at Mark R. Manceri, P.A.,… Read More »
What Happens to Unpaid Bills in Probate?
The death of a loved one is an emotional and trying time. The last thing the surviving family members want is to be left dealing with the deceased loved one’s unpaid debts. Unfortunately, unpaid bills after someone’s death are not uncommon, and they can add additional stress to the already difficult grieving process. If… Read More »
Can Convicted Felons Serve as Personal Representatives in Florida?
Unforeseeable circumstances can turn our lives upside down, and sometimes, one’s reputation may be at stake due to unforeseen occurrences, such as the commission of a felony. Nonetheless, certain rules apply in Florida when one has a criminal conviction on their record. If you want to petition the court to remove a personal representative… Read More »
The Non-Claim Statute in Florida
Handling the probate process can be an overwhelming experience, especially for individuals who are new to the field. One of the many aspects to understand when dealing with probate in Florida is the non-claim statute. The non-claim statute is a legal provision that governs the time frame for creditors to file claims against the… Read More »
Why Should A Personal Representative Have Legal Counsel?
Being appointed as a personal representative, also known as an executor, of a loved one’s estate can be overwhelming. Not only are you grieving and managing the loss of a loved one, but you are also tasked with the legal responsibilities of administering their estate. In these situations, it is essential for personal representatives… Read More »
Your Rights As A Beneficiary In Estate Administration
Losing a loved one is never easy, and during the grieving process, it can be difficult to understand and navigate the complex world of estate administration. If you are named as a beneficiary in a will or trust, it is important to know your rights to ensure that the assets are distributed according to… Read More »
Can You Appeal A Probate Court Decision In Florida?
If you have received an unfavorable decision from a probate court in the state of Florida, you may be wondering if there is any recourse to challenge the ruling. The good news is that in many cases, you can appeal a probate court decision. Our Pompano Beach estate litigation lawyer 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...