If you shake your tincture and it does not settle back down under the menstruum (the alcohol and
water level) then there is not
enough menstruum in the product.
Regarding a tincture gone bad: I have made tinctures for over 40 years and never had one go bad, so can't tell you what they would look like. However, if I had one where the marc was above the menstruum such as you described, one might get the smell and visual indications of bacterial or fungal spoilage if the marc was sitting in the air for a long time. Same as with any food product. The fact that the marc was soaked in alcohol would protect it for some period of time. Depending on what it was, it might take place faster or slower.
I have completely free directions on my website for making both tinctures with the folk method as well as tinctures with the percolation method. You will find the links to both as well as how to make other herbal products (all for free) at
https://youarethehealer.org/herbal-medicine/making-herbal-products/
Tinctures are one of the more forgiving types of herbal products. Glycerites are the most likely of the preserved herbal products to go bad on someone.
Good luck.