Category Archives: No Will
Do Adopted Children Inherit from Their Birth Parents?
From a legal standpoint, a legally adopted child is treated no differently than a person’s biological offspring. For example, say Mary has two children, George and Stephanie. George is Mary’s natural-born son, while Stephanie was adopted at birth. If Mary died without leaving a Will, under Florida intestate succession law both George and Stephanie… Read More »
Can a Florida Probate Court Appoint Someone Other Than a Spouse as Personal Representative?
In making a will, you have the opportunity to nominate someone to serve as the personal representative of your probate estate. For the most part, you can appoint anyone you wish to serve in that role. Florida law bars certain classes of people from acting as a personal representative, including minors and anyone convicted… Read More »
My Loved One Died in Florida with an Out-of-State Will: Is It Still Valid?
Losing a loved one is always a heart-breaking and emotionally-taxing time. Having legal matters, including wills, after the death of your loved one can add to the stress. If your loved one passed away in Florida with an out-of-state will, you may be wondering if it is still valid. If you recently lost your… Read More »
Why You Need To Act Promptly When Appealing A Florida Probate Decision
When it comes to probate matters, you need to assert your legal rights in a timely manner. For example, there are certain deadlines to file a creditor claim or an objection to a probate accounting. And when you are involved in active probate litigation, it is important to act promptly if you disagree with… Read More »
Do Stepchildren Have Inheritance Rights In Florida?
Many people marry more than once or have children from different relationships. Such blended families can create complications when it comes to estate planning and probate matters. Some people decide to include their stepchildren in their will or trust. But do stepchildren have any inheritance rights outside of such documents? The short answer is… Read More »
Understanding Priority When It Comes To Appointing A Florida Personal Representative
When a person dies and leaves no will, there is often confusion among family members and survivors as to who will be in charge of the probate estate. Under Florida law, a surviving spouse has the highest priority to seek appointment. If there is no spouse, then the person selected by a “majority in… Read More »
What Happens If An Heir Hunter Or “Long Lost” Relative Claims A Share Of A Probate Estate?
Many people fail to make a will before they die. One common reason is the belief that since state law gives their estate to their next of kin anyways, a will is simply unnecessary. And in many cases that is true. But then you come across a situation where a previously unknown or “long… 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...