Hollywood Estate, Probate & Trust Litigation Lawyer
Hollywood, Florida, is a vibrant coastal city known for its beautiful beaches, luxury real estate, and growing retirement community. With a mix of high-value properties and long-term residents, estate disputes, trust conflicts, and probate litigation are common legal issues in the area. Whether disputes arise over a will, a trust, or probate administration, these matters can be complex and require experienced legal representation.
Mark R. Manceri, P.A. is a skilled Hollywood estate litigation lawyer with a deep understanding of Florida estate, trust, and probate laws. He provides strong legal representation to beneficiaries, trustees, executors, and heirs in estate disputes.
Understanding Estate Litigation in Hollywood, FL
Estate litigation occurs when disputes arise over a deceased person’s assets, estate planning documents, or the actions of fiduciaries. Common reasons for estate litigation include:
- Will Contests: When someone challenges a will’s validity due to undue influence, fraud, or lack of mental capacity.
- Executor Misconduct: If an executor mismanages estate assets or acts against beneficiaries’ best interests, they may be removed or sued.
- Undue Influence Allegations: When an individual pressures or manipulates a vulnerable person into changing their estate plan.
- Lack of Testamentary Capacity: If a person did not have the mental capacity to execute a valid will, it can be contested.
- Disputes Over Asset Distribution: Beneficiaries may contest how assets are distributed, especially when there are ambiguities in the will.
Estate litigation in Hollywood can be complicated, especially with large estates or multiple heirs. Mark R. Manceri, P.A. provides legal representation to resolve estate conflicts efficiently.
Trust Litigation
Trust litigation involves disputes related to the management and administration of trusts. Common issues include:
- Breach of Fiduciary Duty: When a trustee mismanages trust assets, fails to distribute them fairly, or violates their legal responsibilities.
- Beneficiary Disputes: Conflicts between beneficiaries regarding distributions or trust amendments.
- Fraud or Coercion: Allegations that a trust was fraudulently created or altered under pressure.
- Trustee Accounting Disputes: Beneficiaries have the right to demand transparency in trust accounting, and disputes may arise if financial records are incomplete or misrepresented.
Trust disputes require a strong legal strategy, and Mark R. Manceri, P.A. aggressively advocates for clients to protect their inheritance rights.
Probate Litigation
Probate is the legal process through which a deceased person’s estate is settled, debts are paid, and assets are distributed. Probate litigation may arise due to:
- Challenges to the Will: If a will is suspected to be invalid due to undue influence, fraud, or improper execution.
- Executor or Personal Representative Disputes: When an executor fails to fulfill their legal duties, they may face removal or litigation.
- Creditor Claims: Creditors may file claims against the estate for unpaid debts, which can lead to disputes over valid claims.
- Spousal and Family Rights Conflicts: Florida law grants spouses and dependents certain inheritance rights, which can sometimes lead to legal conflicts.
Probate disputes can cause delays in estate administration, leading to financial and emotional strain. Mark R. Manceri, P.A. provides strategic legal guidance to navigate probate litigation effectively.
Relevant Florida Laws on Estate, Trust, and Probate Litigation
Several Florida laws govern estate, trust, and probate litigation, including:
- Florida Probate Code (Chapters 731-735, Florida Statutes): Regulates estate administration, including will contests and fiduciary responsibilities.
- Florida Trust Code (Chapter 736, Florida Statutes): Governs trust creation, modification, and administration.
- 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 a right to claim a percentage of the estate, even if excluded from the will.
- Statute of Limitations: Florida law sets specific deadlines for bringing estate-related claims, varying based on the nature of the dispute.
Understanding these laws is crucial when handling estate disputes, and Mark R. Manceri, P.A. ensures that clients’ cases comply with Florida regulations.
The Estate Litigation Process in Hollywood, FL
Estate, trust, and probate litigation generally follows these steps:
- Initial Consultation: Meeting with an attorney to assess the case and discuss legal options.
- Filing a Petition or Lawsuit: If disputes cannot be resolved informally, a formal complaint is filed in court.
- Discovery Process: Gathering evidence, obtaining financial records, and taking depositions to build a case.
- Mediation or Settlement Negotiations: Many disputes are resolved through negotiation or mediation to avoid lengthy court proceedings.
- Court Hearings and Litigation: If a settlement cannot be reached, the case proceeds to trial.
- Appeals Process (If Necessary): If a party disagrees with the court’s decision, they may file an appeal.
Mark R. Manceri, P.A. provides dedicated legal representation throughout this process, ensuring clients’ rights and interests are protected.
The Broward County Courthouse: Where Estate Litigation Takes Place
Estate, trust, and probate litigation cases in Hollywood are handled at the Broward County Courthouse, located at:
Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, FL 33301
Mark R. Manceri, P.A. has extensive experience handling estate disputes in the Broward County court system and understands the complexities of probate and trust litigation.
Serving Throughout Hollywood
- Hollywood Lakes
- Emerald Hills
- Harbor Islands
- Hollywood Hills
- East Hollywood
- West Lake Village
- Three Islands
- North Lake
- South Lake
- Highland Gardens
FAQs on Hollywood Estate, Probate & Trust Litigation
1. Can a will be contested in Florida?
Yes, a will can be challenged on grounds of 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, prioritizing spouses, children, and other close relatives.
3. How long does probate litigation take?
Probate disputes can last several months to years, depending on the complexity of the case and whether a settlement is reached.
4. Can a trustee be sued for mismanagement?
Yes, beneficiaries can take legal action if a trustee breaches their fiduciary duty, mismanages trust assets, or acts in bad faith.
5. What are a beneficiary’s rights in trust and estate disputes?
Beneficiaries have the right to receive their designated inheritance, demand transparency in asset management, and contest improper distributions.
6. Can creditors file claims against an estate?
Yes, creditors must file claims within a limited time to collect outstanding debts from the estate.
7. Can an executor be removed from managing an estate?
Yes, an executor can be removed if they fail to perform their duties properly, mismanage assets, or engage in misconduct.
8. What is undue influence in estate litigation?
Undue influence occurs when someone pressures or manipulates a person into altering their estate plan for their benefit.
9. What is Florida’s elective share law?
Florida law allows a surviving spouse to claim a portion of the estate (typically 30%) even if they were excluded from the will.
10. How can Mark R. Manceri, P.A. help with estate, probate, and trust litigation?
Mark R. Manceri, P.A. provides expert legal representation for estate disputes, will contests, trust litigation, and probate administration, ensuring clients’ rights are protected.
Contact A Skilled Hollywood Estate, Probate & Trust Litigation Attorney
If you need legal assistance with estate, trust, or probate litigation in Hollywood, contact Mark R. Manceri, P.A. today for skilled legal guidance.
