Mark R. Manceri, P.A Blog
10 FOLLOWERS
For over 30 years, attorney Mark R. Manceri has been helping the people of Broward County solve their legal needs in the areas of Florida estates, trusts, and guardianship litigation. Attorney Mark R. Manceri is certified as a specialist in wills, trusts, and estates by The Florida Bar Board of Legal Specialization.
Mark R. Manceri, P.A Blog
5d ago
There is a principle in civil litigation known as judicial estoppel. The basic idea is fairly simple to explain. Basically, if you take a position during a lawsuit, you cannot take a conflicting or contradictory position later in the same case. Even if your new position has merit, the court can hold the party... Read More ..read more
Mark R. Manceri, P.A Blog
5d ago
It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will... Read More ..read more
Mark R. Manceri, P.A Blog
1w ago
Married couples in Florida often acquire and hold property as “tenants by the entirety.” This is a form of joint ownership. Essentially, each spouse owns a whole, indivisible interest in the underlying property. When one spouse dies, the survivor continues as sole owner. As neither spouse ever owned the property in their sole name,... Read More ..read more
Mark R. Manceri, P.A Blog
2w ago
When family members end up in litigation over a loved one’s estate, there is almost always an accusation of “undue influence.” This is a legal concept used to describe a situation where the recipient of property abused a confidential relationship with the grantor in order to obtain title. According to the Florida Supreme Court,... Read More ..read more
Mark R. Manceri, P.A Blog
2w ago
Federal Judge Rules Notary Could Not Sign Form for Blind Woman A document signed by a notary on behalf of a disabled person may still be invalid if the underlying form does not permit such an action. A recent decision from a federal judge in Fort Myers, Pruco Life Insurance Company v. Howen, provides... Read More ..read more
Mark R. Manceri, P.A Blog
3w ago
From a legal standpoint, a legally adopted child is treated no differently than a person’s biological offspring. For example, say Mary has two children, George and Stephanie. George is Mary’s natural-born son, while Stephanie was adopted at birth. If Mary died without leaving a Will, under Florida intestate succession law both George and Stephanie... Read More ..read more
Mark R. Manceri, P.A Blog
1M ago
In making a will, you have the opportunity to nominate someone to serve as the personal representative of your probate estate. For the most part, you can appoint anyone you wish to serve in that role. Florida law bars certain classes of people from acting as a personal representative, including minors and anyone convicted... Read More ..read more
Mark R. Manceri, P.A Blog
1M ago
In common law, there is a principle known as the rule against perpetuities (RAP). In its original form, the RAP provided that you could not use a legal instrument, such as a deed or will, to create an interest in real or personal property that vests more than 21 years after the death of... Read More ..read more
Mark R. Manceri, P.A Blog
1M ago
Under Florida law, divorce automatically terminates most of a person’s rights with respect to their former spouse’s estate planning. For example, a divorce revokes any provision of a will or trust leaving an interest to an ex-spouse. The same would apply for any beneficiary designation on a life insurance policy or retirement account, unless... Read More ..read more
Mark R. Manceri, P.A Blog
1M ago
The process of administering a Florida probate estate is generally not adversarial. That is to say, a probate proceeding does not typically involve litigation. The personal representative appointed to administer the estate simply gathers any probate assets, pays any debts and expenses, and distributes whatever remains to the heirs or beneficiaries of the decedent.... Read More ..read more