Parkland Estate, Probate & Trust Litigation Lawyer

Parkland, Florida, is a prestigious and affluent city known for its luxury estates, equestrian communities, and high-value properties. With significant wealth in the area, estate, probate, and trust disputes often arise when conflicts occur over asset distribution, trust administration, or the validity of a will. Whether you are an executor, trustee, beneficiary, or heir, navigating estate litigation can be complex and emotionally challenging.

Mark R. Manceri, P.A. is a highly experienced Parkland estate litigation lawyer specializing in estate, probate, and trust litigation throughout Broward County. He helps clients resolve disputes efficiently, whether through negotiation, mediation, or aggressive litigation.

Understanding Estate Litigation in Parkland, FL

Estate litigation involves legal conflicts over a deceased person’s assets, wills, or estate administration. Some of the most common issues that lead to estate disputes include:

• Will Contests: When heirs or interested parties challenge the validity of a will, citing undue influence, fraud, or lack of testamentary capacity.
• Executor Misconduct: Executors have a legal duty to administer the estate fairly. If they fail to do so, they can be removed or sued for damages.
• Undue Influence Allegations: When someone pressures or manipulates a vulnerable individual into changing their estate plan for personal benefit.
• Lack of Testamentary Capacity: If a person lacked the mental capacity to create a valid will or trust, it may be legally challenged.
• Disputes Over Asset Distribution: Conflicts among beneficiaries regarding how estate assets are divided, particularly when there are ambiguities in the will.

Estate litigation can be complex, particularly in high-net-worth communities like Parkland. Mark R. Manceri, P.A. has the experience and legal acumen to handle these disputes effectively, ensuring that his clients’ rights are protected.

Trust Litigation

Trusts are an essential tool for estate planning, but they can also become a source of legal disputes. Trust litigation often arises due to:

• Trustee Mismanagement: When a trustee fails to follow the terms of the trust, misuses assets, or breaches their fiduciary duty.
• Beneficiary Disputes: Disagreements over distributions, amendments, or the interpretation of trust terms.
• Fraud or Coercion: Situations where a trust is challenged due to allegations of fraud or undue influence.
• Accounting Disputes: Beneficiaries have the right to an accurate accounting of trust funds, and disputes can arise if records are incomplete or misleading.

Trust litigation requires an attorney with experience in Florida trust law and courtroom advocacy. Mark R. Manceri, P.A. provides aggressive representation in trust-related disputes, ensuring that the terms of the trust are properly enforced and beneficiaries’ rights are upheld.

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 that lead to probate litigation, including:

• 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 the estate’s administrator fails to perform their duties fairly or legally.
• Creditor Claims: Disputes over whether a creditor has a valid claim against 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 the administration of an estate and create stress for the family. Having an experienced probate litigation attorney like Mark R. Manceri, P.A. ensures that estate matters are handled efficiently and fairly.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Florida has strict laws governing estate, trust, and probate disputes. Some key legal principles include:

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

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

The Estate Litigation Process in Parkland, FL

Estate, trust, and probate litigation typically involves the following steps:

1. Legal Consultation – The first step is to meet 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 challenge a will, dispute a trust, or hold an executor accountable.
3. Discovery Process – Gathering financial records, taking depositions, and collecting evidence to build the case.
4. Mediation or Settlement Negotiations – Many estate disputes are resolved through negotiation or mediation rather than court trials.
5. Court Hearings and Litigation – If a settlement cannot be reached, the case proceeds to trial, where a judge will issue 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 experienced legal representation throughout this process, ensuring that his clients’ interests are protected.

The Broward County Courthouse: Where Estate Litigation Takes Place

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

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

This courthouse oversees probate and estate-related legal matters, including will contests, trust disputes, and fiduciary litigation. Mark R. Manceri, P.A. is highly experienced in navigating the Broward County court system and representing clients in estate-related cases.

Serving Throughout Parkland

• Heron Bay
• Parkland Golf & Country Club
• Cypress Head
• Pine Tree Estates
• The Ranches
• Fox Ridge
• Meadow Run
• Parkland Reserve
• Watercrest
• MiraLago

Parkland Estate, Probate & Trust Litigation FAQs

1. Can a will be contested in Florida?
Yes, a will can be challenged on grounds such as undue influence, fraud, or lack of testamentary capacity.

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?
The process can take several months to years, depending on the complexity of the estate and any legal disputes.

4. Can a trustee be sued for mismanagement?
Yes, beneficiaries can take legal action if a trustee breaches their fiduciary duties or mismanages trust assets.

5. How can Mark R. Manceri, P.A. help with estate litigation?
Mark R. Manceri, P.A. provides strategic legal representation for estate, trust, and probate disputes, protecting clients’ rights and resolving conflicts efficiently.

6. What is the difference between probate and trust litigation?

Probate litigation involves disputes over a deceased person’s estate, such as will contests and executor misconduct, while trust litigation deals with conflicts over trust administration, including trustee mismanagement and beneficiary disputes.

7. What are the rights of a beneficiary in estate or trust disputes?

Beneficiaries have the right to receive their designated inheritance, demand transparency in asset management, challenge improper distributions, and take legal action against executors or trustees who breach their fiduciary duties.

8. Can mediation help resolve estate and trust disputes in Parkland?

Yes, mediation is often used to resolve estate and trust disputes without going to trial. It allows all parties to negotiate a settlement with the help of a neutral third party, saving time and legal costs.

9. How can I remove an executor or trustee in Parkland?

An executor or trustee can be removed through legal action if they fail to fulfill their fiduciary duties, mismanage assets, or act in bad faith. The court will evaluate evidence before deciding on removal.

10. What are the time limits for contesting a will or trust in Florida?

Florida law has strict deadlines for contesting a will or trust. Generally, a will contest must be filed within 90 days after receiving notice of probate, or 20 days if formal notice was given before probate proceedings began. Trust disputes must be filed within six months of receiving trust documentation.

Contact a Parkland Estate, Probate & Trust Litigation Attorney

If you need legal representation for an estate, trust, or probate dispute in Parkland, contact Mark R. Manceri, P.A. for expert assistance.

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