Plantation Estate, Probate & Trust Litigation Lawyer

Plantation, Florida, is a vibrant and growing city in Broward County, known for its upscale residential communities, thriving business districts, and affluent retirees. With many residents holding significant assets, disputes over wills, trusts, and probate matters frequently arise. Whether an issue involves a contested will, trustee mismanagement, or an executor’s failure to act properly, estate litigation is often necessary to protect beneficiaries’ rights.

Mark R. Manceri, P.A. is a seasoned Plantation estate litigation lawyer providing experienced legal representation for heirs, beneficiaries, trustees, and executors facing complex estate disputes.

Understanding Estate Litigation in Plantation, FL

Estate litigation arises when legal conflicts occur regarding a deceased individual’s estate, including inheritance rights, fiduciary responsibilities, and the administration of assets. Common estate litigation cases include:

• Will Contests: When a party challenges a will’s validity due to undue influence, fraud, or lack of mental capacity.
• Executor Misconduct: If an executor mishandles estate assets, fails to follow the will, or acts against beneficiaries’ interests, they may face legal action.
• Undue Influence Allegations: When someone pressures or manipulates a vulnerable individual into altering their estate plan.
• Lack of Testamentary Capacity: If a person lacked mental capacity when drafting their will, the document can be contested.
• Asset Distribution Disputes: Beneficiaries may dispute how assets are distributed, especially when a will is ambiguous or has been changed unexpectedly.

Estate litigation in Plantation can be complex, particularly when high-value assets, multiple heirs, or business interests are involved. Mark R. Manceri, P.A. provides skilled legal representation to resolve these disputes efficiently.

Trust Litigation

Trust litigation involves legal disputes between trustees and beneficiaries regarding the administration of a trust. Common reasons for trust litigation include:

• Breach of Fiduciary Duty: If a trustee fails to properly manage trust assets, acts in self-interest, or does not follow the trust’s terms.
• Beneficiary Disputes: Conflicts over trust distributions, modifications, or the interpretation of trust language.
• Fraud or Coercion: Allegations that a trust was improperly created, modified, or influenced by fraud.
• Trustee Accounting Issues: Beneficiaries have the right to demand transparent financial records, and disputes may arise over accounting discrepancies.

Trust litigation requires a skilled attorney with expertise in Florida trust law. Mark R. Manceri, P.A. aggressively represents clients to ensure their legal rights are protected.

Probate Litigation

Probate is the legal process that ensures a deceased person’s estate is properly administered, debts are paid, and assets are distributed. Probate litigation may arise due to:

• Will Challenges: If a will is suspected to be invalid due to undue influence, fraud, or improper execution.
• Executor or Personal Representative Disputes: If an executor fails to fulfill their legal duties, they can be removed or sued.
• Creditor Claims: Legal conflicts over whether debts should be paid from the estate.
• Spousal and Family Rights Conflicts: Florida law provides inheritance rights to spouses and children, sometimes leading to legal challenges.

Probate disputes can delay estate administration and create stress for families. Mark R. Manceri, P.A. provides expert legal guidance to navigate probate litigation efficiently.

Relevant Florida Laws on Estate, Trust, and Probate Litigation

Florida has specific laws that govern estate, trust, and probate disputes in Plantation, including:

• Florida Probate Code (Chapters 731-735, Florida Statutes): Regulates the probate process, including will contests and fiduciary responsibilities.
• Florida Trust Code (Chapter 736, Florida Statutes): Governs 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 a surviving spouse the 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, varying based on the type of dispute.

Navigating these laws requires legal expertise, and Mark R. Manceri, P.A. ensures that his clients’ cases comply with Florida regulations.

The Estate Litigation Process in Plantation, FL

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

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: Gathering evidence, obtaining financial records, and taking depositions to build a case.
4. Mediation or Settlement Negotiations: Many estate disputes are resolved through mediation to avoid lengthy court proceedings.
5. Court Hearings and Litigation: If a settlement cannot be 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 disputes in Plantation 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 Plantation

• Hawks Landing
• Plantation Acres
• Jacaranda Lakes
• The Enclave at Jacaranda
• Central Park
• Westport
• Royal Palm Estates
• Bridgewater
• Plantation Isles
• Lago Mar

Plantation 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.

Find an Experienced Plantation Estate & Trust Litigation Attorney Near You

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

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