Fort Lauderdale Estate, Probate & Trust Litigation Lawyer

Fort Lauderdale, Florida, is known for its beautiful beaches, vibrant community, and high-value real estate. However, with significant assets often comes the potential for disputes over estates, trusts, and probate matters. Estate litigation in Fort Lauderdale can be a complex legal process, requiring experienced legal counsel to navigate challenges such as will contests, trust disputes, executor misconduct, and probate litigation.

Mark R. Manceri, P.A. is a highly skilled Fort Lauderdale estate litigation lawyer who provides dedicated legal representation for individuals involved in estate, probate, and trust litigation throughout Broward County. Whether you are a beneficiary, trustee, or executor, having a knowledgeable attorney on your side can make all the difference in protecting your rights and interests.

Understanding Estate Litigation in Fort Lauderdale, FL

Estate litigation refers to legal disputes that arise over wills, trusts, and the administration of estates. Common issues that lead to estate litigation include:

• Will Contests: When an interested party challenges the validity of a will, alleging undue influence, fraud, or lack of testamentary capacity.
• Executor Misconduct: If an executor fails to perform their fiduciary duties, such as mismanaging assets or failing to distribute them properly, litigation may be necessary.
• Undue Influence Claims: When an individual pressures or manipulates a vulnerable person into changing their estate plan.
• Lack of Testamentary Capacity: When an individual allegedly lacks the mental capacity to execute a valid will or trust.
• Asset Distribution Disputes: Conflicts among heirs and beneficiaries over the division of an estate.

In Fort Lauderdale, estate litigation cases can become highly contentious, particularly when large assets, real estate, or business interests are involved. Mark R. Manceri, P.A. is experienced in handling these disputes and ensuring that clients’ legal rights are protected.

Trust Litigation

Trusts are often used to protect assets and manage wealth, but they can also be the subject of legal disputes. Common reasons for trust litigation include:

• Breach of Fiduciary Duty: When a trustee fails to act in the best interest of the beneficiaries, mismanages assets, or fails to adhere to the terms of the trust.
• Beneficiary Disputes: Disagreements among beneficiaries regarding distributions, amendments, or trust modifications.
• Fraud or Coercion: Claims that a trust was created or altered under fraudulent circumstances.
• Trustee Accounting Disputes: When beneficiaries demand an accounting of trust assets and transactions, and disputes arise over discrepancies.

Trust litigation requires a deep understanding of Florida trust law, as well as courtroom experience. Mark R. Manceri, P.A. provides aggressive representation for individuals involved in trust disputes, ensuring that fiduciary obligations are upheld and beneficiaries’ rights are enforced.

Probate Litigation

Probate is the legal process by which a deceased person’s estate is administered, debts are paid, and assets are distributed according to a will or Florida intestacy laws. Probate litigation may arise due to:

• Challenges to Will Validity: Allegations of undue influence, fraud, or lack of capacity.
• Executor Disputes: Claims against personal representatives for mismanagement or failure to act in the best interests of beneficiaries.
• Creditor Claims: Legal disputes over debts and whether certain claims should be paid from the estate.
• Spousal and Family Rights Disputes: Surviving spouses and children may contest estate distributions under Florida’s elective share laws.

Probate disputes can significantly delay the administration of an estate, and without experienced legal representation, they may become even more complex. Mark R. Manceri, P.A. is skilled in handling probate litigation matters, ensuring that estates are administered lawfully and fairly.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Florida law provides 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 the creation, administration, and modification of trusts.
• Homestead Protections (Article X, Section 4 of the Florida Constitution): Establishes rules for passing down homestead property in an estate.
• Elective Share Law (Florida Statutes §732.201-732.2155): Grants surviving spouses the right to claim a portion of an estate.
• Statutes of Limitations: Florida law sets strict deadlines for filing claims related to estate, trust, and probate matters.

Understanding these legal principles is crucial when navigating estate litigation. Mark R. Manceri, P.A. is well-versed in Florida estate law and helps clients achieve favorable outcomes in their cases.

The Estate Litigation Process in Fort Lauderdale, FL

Estate, trust, and probate litigation generally follow these steps:

1. Consultation with an Attorney – The first step in any estate dispute is to seek legal counsel to assess the situation and explore options.
2. Filing a Petition or Lawsuit – Formal legal proceedings may begin with the filing of a claim in court.
3. Discovery and Investigation – Gathering evidence, reviewing financial documents, and deposing witnesses to build a case.
4. Mediation or Settlement Negotiations – Many disputes are resolved through negotiation rather than going to trial.
5. Court Hearings and Trial – If an agreement cannot be reached, the case may proceed to court for a judge to decide.
6. Appeals (If Necessary) – If a party is dissatisfied with the court’s decision, they may file an appeal.

Having a skilled attorney like Mark R. Manceri, P.A. can help clients navigate this process effectively and protect their interests.

The Broward County Courthouse: Where Estate Litigation Takes Place

Estate, trust, and probate disputes in Fort Lauderdale 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, fiduciary disputes, and trust litigation. Mark R. Manceri, P.A. has extensive experience in this jurisdiction, representing clients in estate disputes with precision and dedication.

Serving Throughout Fort Lauderdale

• Harbor Beach
• Rio Vista
• Victoria Park
• Las Olas Isles
• Coral Ridge
• Idlewyld
• Colee Hammock
• Tarpon River
• Lauderdale Harbors
• The Landings

Fort Lauderdale Estate, Probate & Trust Litigation FAQs

1. What are the common reasons for estate litigation in Fort Lauderdale?
Estate litigation often arises due to will contests, disputes over asset distribution, allegations of undue influence, and executor misconduct.

2. How long does the probate process take in Fort Lauderdale?
The probate process can take several months to years, depending on the complexity of the estate and any legal disputes that arise.

3. Can a will be contested in Florida?
Yes, a will can be contested on grounds such as undue influence, fraud, lack of capacity, or improper execution.

4. What happens if a trustee mismanages a trust?
If a trustee mismanages a trust, they can be removed, held liable for financial losses, and required to provide a full accounting.

5. How can Mark R. Manceri, P.A. help with estate litigation in Fort Lauderdale?
Mark R. Manceri, P.A. provides legal representation for clients involved in estate, trust, and probate disputes, ensuring their rights are protected.

6. What is the role of a personal representative in probate litigation?

A personal representative (executor) is responsible for managing the deceased’s estate, paying debts, and distributing assets according to the will. If they fail to fulfill their duties, they can be removed or sued for misconduct.

7. Can a beneficiary sue a trustee in Fort Lauderdale?

Yes, if a trustee breaches their fiduciary duty, such as mismanaging assets, failing to distribute funds properly, or acting in their own self-interest, beneficiaries can take legal action to seek damages or remove the trustee.

8. What happens if someone dies without a will in Florida?

If a person dies without a will, their estate is distributed according to Florida’s intestate succession laws, which prioritize spouses, children, and other close relatives. This can lead to disputes if multiple heirs claim entitlement to assets.

9. What is Florida’s elective share law, and how does it impact probate litigation?

Florida law allows surviving spouses to claim an elective share (typically 30% of the estate) even if they were excluded from the will. This often leads to legal challenges when other heirs contest the claim.

10. How can mediation help resolve estate disputes in Fort Lauderdale?

Mediation is a cost-effective alternative to litigation, allowing disputing parties to negotiate a settlement with the help of a neutral third party. Many estate, probate, and trust disputes are resolved through mediation rather than a lengthy court battle.

Contact a Skilled Fort Lauderdale Estate, Probate & Trust Litigation Attorney

If you need legal guidance regarding estate, trust, or probate litigation in Fort Lauderdale, contact Mark R. Manceri, P.A. for expert representation.

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