Pembroke Pines Estate, Probate & Trust Litigation Lawyer

Pembroke Pines, Florida, is one of the fastest-growing cities in Broward County, known for its family-friendly communities, luxury real estate, and a significant number of retirees. With high-value assets and estate planning considerations, disputes over wills, trusts, and probate matters frequently arise. Whether conflicts stem from contested wills, executor misconduct, or trust mismanagement, estate litigation is often necessary to ensure a fair resolution.

Mark R. Manceri, P.A. is an experienced Pembroke Pines estate litigation lawyer with a thorough understanding of Florida estate, trust, and probate laws. He provides aggressive legal advocacy for beneficiaries, trustees, executors, and heirs involved in estate disputes.

Understanding Estate Litigation in Pembroke Pines, FL

Estate litigation refers to legal conflicts over a deceased person’s estate, often involving will contests, fiduciary misconduct, or disputes over asset distribution. Common estate litigation cases include:

• Will Contests: When a will’s validity is challenged due to undue influence, fraud, or lack of testamentary capacity.
• Executor Misconduct: If an executor fails to fulfill their fiduciary duties, such as mismanaging assets, they may face removal or legal action.
• Undue Influence Allegations: When someone pressures a vulnerable individual into altering their estate plan unfairly.
• Lack of Testamentary Capacity: If a person did not have the mental ability to execute a valid will, the will may be challenged.
• Asset Distribution Disputes: Beneficiaries may contest how assets are distributed, especially when a will’s terms are unclear.

Estate litigation can be complicated, particularly when large estates or multiple heirs are involved. Mark R. Manceri, P.A. provides skilled legal representation to resolve these disputes effectively.

Trust Litigation

Trust litigation arises when disputes occur between trustees and beneficiaries over the administration of a trust. Common reasons for trust disputes include:

• Breach of Fiduciary Duty: If a trustee mismanages trust assets, fails to follow trust terms, or acts in self-interest.
• Beneficiary Disputes: Conflicts over trust distributions, amendments, or misinterpretation of trust terms.
• Fraud or Coercion: Allegations that a trust was improperly created or altered under pressure.
• Trustee Accounting Issues: Beneficiaries have the right to demand financial transparency, and disputes may arise over accounting discrepancies.

Trust litigation requires an attorney skilled in Florida trust law and litigation strategy. Mark R. Manceri, P.A. aggressively advocates for clients in trust disputes to protect their legal rights.

Probate Litigation

Probate is the legal process that ensures a deceased person’s debts are paid and assets are distributed according to their will or Florida intestacy laws. Probate litigation may arise due to:

• Challenges to the Will: If a will is suspected to be invalid due to fraud, undue influence, or improper execution.
• Executor or Personal Representative Disputes: Executors must act in the estate’s best interest, and failure to do so may lead to legal action.
• Creditor Claims: Disputes over whether debts should be paid from the estate and the priority of such claims.
• Spousal and Family Rights Conflicts: Surviving spouses and children may challenge estate distributions under Florida inheritance laws.

Probate disputes can significantly delay estate administration and create financial strain. Mark R. Manceri, P.A. provides strategic legal representation to help clients resolve probate matters efficiently.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Several Florida laws govern estate, trust, and probate litigation in Pembroke Pines, including:

• Florida Probate Code (Chapters 731-735, Florida Statutes): Governs probate administration, including will contests and fiduciary responsibilities.
• Florida Trust Code (Chapter 736, Florida Statutes): Regulates the creation, modification, and administration of trusts.
• Homestead Protections (Article X, Section 4 of the Florida Constitution): Establishes how a deceased person’s homestead property is inherited.
• Elective Share Law (Florida Statutes §732.201-732.2155): Grants surviving spouses a right to claim a portion of the estate, even if excluded from the will.
• Statutes of Limitations: Florida law sets strict deadlines for filing estate-related legal claims, which vary based on the type of dispute.

Understanding these laws is essential when handling estate disputes, and Mark R. Manceri, P.A. ensures that his clients’ cases comply with Florida regulations.

The Estate Litigation Process in Pembroke Pines, FL

Estate, trust, and probate litigation follows a structured legal process, which includes:

1. Initial Consultation: Meeting with an attorney to assess the case and discuss legal options.
2. Filing a Petition or Lawsuit: A formal legal complaint is filed in court if informal resolution attempts fail.
3. Discovery Process: Collecting evidence, obtaining financial records, and taking depositions to build a case.
4. Mediation or Settlement Negotiations: Many disputes are resolved through mediation to avoid lengthy court proceedings.
5. Court Hearings and Litigation: If no settlement is reached, the case proceeds to trial.
6. Appeals Process (If Necessary): If a party disagrees with the court’s ruling, they may appeal to a higher court.

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

The Broward County Courthouse: Where Estate Litigation Takes Place

Estate, trust, and probate litigation cases in Pembroke Pines 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 representing clients in Broward County probate court, ensuring that estate disputes are handled efficiently.

Serving Throughout Pembroke Pines

• Pembroke Falls
• Grand Palms
• Century Village
• Laguna Isles
• Pembroke Shores
• Silver Lakes
• The Landings
• Chapel Trail
• Towngate
• Walnut Creek

Pembroke Pines 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 assets are distributed, usually 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 sue a trustee if they breach their fiduciary duty, mismanage trust assets, or fail to act in the best interest of beneficiaries.

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 fulfill their legal duties, mismanage assets, or engage in misconduct.

8. What is undue influence in estate litigation?
Undue influence occurs when someone pressures 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 An Experienced Pembroke Pines Estate, Probate & Trust Litigation Attorney

If you need legal assistance with estate, trust, or probate litigation in Pembroke Pines, contact Mark R. Manceri, P.A. today for skilled legal guidance.

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