Deerfield Beach Estate, Probate & Trust Litigation Lawyer

Deerfield Beach, Florida, is a thriving coastal city known for its beautiful waterfront properties, active retirement communities, and high-value real estate. With significant assets and estate planning needs, disputes over wills, trusts, and probate administration are not uncommon. When conflicts arise regarding inheritance, executor misconduct, or trust mismanagement, estate litigation may become necessary.

Mark R. Manceri, P.A. is a highly skilled Deerfield Beach estate litigation lawyer with extensive experience handling estate, probate, and trust litigation throughout Broward County. Whether you are a beneficiary, trustee, or executor, having an experienced attorney is essential to protecting your rights and ensuring a fair resolution to estate disputes.

Understanding Estate Litigation in Deerfield Beach, FL

Estate litigation involves legal disputes concerning a deceased person’s estate, including wills, trusts, and estate administration. Common issues that lead to estate disputes include:

• Will Contests: When heirs or interested parties challenge the validity of a will due to undue influence, fraud, or lack of mental capacity.
• Executor Misconduct: If an executor fails to fulfill their fiduciary duties, such as mismanaging estate assets or failing to distribute them properly, they can be held legally accountable.
• Undue Influence Allegations: When an individual is pressured into changing their estate plan in a way that benefits someone else unfairly.
• Lack of Testamentary Capacity: If a person was not of sound mind when creating their will, it may be challenged in court.
• Disputes Over Asset Distribution: Conflicts among beneficiaries about how assets should be divided, particularly in cases of unclear or ambiguous wills.

Estate litigation can be complex and emotionally charged. Mark R. Manceri, P.A. provides strong legal representation to ensure that estate disputes are resolved according to Florida law.

Trust Litigation

Trusts are commonly used to manage assets and avoid probate, but they can also become the subject of legal disputes. Common reasons for trust litigation include:

• Breach of Fiduciary Duty: When a trustee fails to manage trust assets properly, acts in bad faith, or puts their own interests ahead of the beneficiaries’.
• Beneficiary Disputes: Disagreements among beneficiaries about how trust assets should be distributed or interpreted.
• Fraud or Coercion: Allegations that a trust was created or amended under fraudulent circumstances.
• Accounting Disputes: Beneficiaries have the right to request an accounting of trust transactions and file disputes if discrepancies are found.

Trust litigation requires an attorney with expertise in Florida trust law and experience in estate litigation. Mark R. Manceri, P.A. aggressively represents clients in trust disputes to ensure that their rights are protected.

Probate Litigation

Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid and assets are distributed. However, disputes can arise, leading to probate litigation. Common probate disputes include:

• Challenges to the Will: If a will is suspected to be invalid due to undue influence, fraud, or lack of capacity.
• Executor or Personal Representative Disputes: If the estate’s administrator fails to carry out their duties, they can be removed or sued.
• Creditor Claims: Disputes over whether certain debts or claims should be paid from the estate.
• Spousal and Family Rights Conflicts: Florida law provides specific inheritance rights to spouses and children, sometimes leading to legal challenges.

Probate disputes can delay estate distribution and create stress for families. Mark R. Manceri, P.A. provides experienced probate litigation representation to ensure that estate matters are handled efficiently and in accordance with the law.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Florida has specific statutes governing estate, trust, and probate litigation. Some key legal principles include:

• Florida Probate Code (Chapters 731-735, Florida Statutes): Governs probate administration, including will contests and estate disputes.
• Florida Trust Code (Chapter 736, Florida Statutes): Regulates trust creation, management, and administration.
• Homestead Protections (Article X, Section 4 of the Florida Constitution): Protects a decedent’s primary residence and dictates how it can be inherited.
• Elective Share Law (Florida Statutes §732.201-732.2155): Grants surviving spouses the right to claim a portion of the estate, even if excluded from the will.
• Statutes of Limitations: Florida law establishes strict deadlines for filing estate and probate-related claims.

Understanding these laws is essential for anyone involved in an estate dispute. Mark R. Manceri, P.A. is well-versed in Florida estate law and provides expert legal representation to clients dealing with estate, trust, and probate conflicts.

The Estate Litigation Process in Deerfield Beach, FL

Estate, trust, and probate litigation typically follows these steps:

1. Legal Consultation – The first step is meeting with an attorney to evaluate the case and discuss legal options.
2. Filing a Petition or Lawsuit – A formal complaint may be filed in court to contest a will, dispute a trust, or challenge an executor’s actions.
3. Discovery and Investigation – Gathering evidence, taking depositions, and reviewing financial records to build a case.
4. Mediation or Settlement Negotiations – Many estate disputes are resolved outside of court through negotiation or mediation.
5. Court Hearings and Litigation – If a settlement cannot be reached, the case proceeds to trial, where a judge issues a ruling.
6. Appeals (If Necessary) – If a party disagrees with the court’s decision, they may appeal to a higher court.

Mark R. Manceri, P.A. provides dedicated representation throughout this process to ensure that clients’ rights and interests are fully protected.

The Broward County Courthouse: Where Estate Litigation Takes Place

Estate, trust, and probate disputes in Deerfield Beach are handled at the Broward County Courthouse, located at:

Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, FL 33301

This courthouse oversees all probate and estate-related legal matters, including will contests, trust disputes, and fiduciary litigation. Mark R. Manceri, P.A. has extensive experience handling estate cases in this jurisdiction.

Serving Throughout Deerfield Beach

• The Cove
• Little Harbor
• Deer Creek
• Ocean Vue
• Crystal Lake
• Century Village
• Independence Bay
• Twin Oaks
• Starlight Cove
• Villa D’Este

Deerfield Beach Estate, Probate & Trust Litigation FAQs

1. Can a will be contested in Florida?
Yes, a will can be challenged based on undue influence, fraud, lack of testamentary capacity, or improper execution.

2. What happens if someone dies without a will in Florida?
Florida’s intestate succession laws determine how the estate is distributed, usually prioritizing spouses and children.

3. How long does probate litigation take?
It depends on the complexity of the estate, but it can take several months to years.

4. Can a trustee be sued for mismanagement?
Yes, beneficiaries can sue a trustee for breach of fiduciary duty if they mismanage assets or act in bad faith.

5. What are a beneficiary’s rights in estate disputes?
Beneficiaries have the right to receive their inheritance, contest unfair distributions, and hold fiduciaries accountable.

6. Can creditors file claims against an estate?
Yes, creditors must file claims within a specific time frame to collect outstanding debts.

7. Can an executor be removed?
Yes, if an executor fails to fulfill their legal duties, they can be removed by the court.

8. What is undue influence in estate litigation?
It occurs when someone pressures a person into changing their estate plan against their free will.

9. What is Florida’s elective share law?
It grants a surviving spouse the right to claim a portion of the deceased spouse’s estate.

10. How can Mark R. Manceri, P.A. help?
Mark R. Manceri, P.A. provides expert representation in estate, trust, and probate disputes, ensuring his clients’ rights are protected.

Find The Best Deerfield Beach Estate, Probate & Trust Litigation Lawyer Near You

If you need legal assistance with estate, trust, or probate litigation in Deerfield Beach, contact Mark R. Manceri, P.A. for expert guidance.

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