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Florida Personal Representatives and Curators Cannot Serve Concurrently
In Gordin v Estate of Shelley, the Florida personal representatives of the estate of Shelley Wilensky appealed the Florida probate court’s order appointing a curator
When a party dies during a lawsuit, Florida law requires the substitution of the representative of the deceased party to continue the action. In De
Does Jointly Owned Property Go Through Probate in Florida?
There are several types of jointly owned property recognized in Florida. Some types of jointly held property in Florida need to go through probate, and
Creditor Claims In California Probate
California probate creditor claims can be a technical trap for the unwary. With notice requirements and strict deadlines
Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow’s rights) including: Community Property Intestate
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a
A Legal Guide to Challenging a Trust in Kentucky
A trust in Kentucky represents a significant strategic investment in the future, established to advance the economic success and well-being
Can the Settlor Amend an Irrevocable Trust 25 Years Later?
Yes, pursuant to the Uniform Trust Code and Mississippi law, an irrevocable trust can be amended 25 years after its
Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?
A standard revocable trust is a trust that is fully revocable and changeable during the lifetime of the settlor. A
Use Of the Texas Citizens Participation Act In Will and Trust Disputes
In the January 2021 case of Marshall v. Marshall, the Texas appellate court determined that appellants did not violate an in terrorem clause in the
Texas Appellate Court Reviews Undue Influence and Testamentary Capacity Will Contest Basics
In the Estate of Hogan, a June 9, 2022 opinion from the Texas Eleventh Court of Appeals, the court reviewed the basics of undue influence
Can A Beneficiary Witness A Will In Texas?
Yes, a beneficiary of a will can witness the will under Texas law, but probably should not. A Bequest To A Beneficiary Witness Is Void
What Are The Powers Of a Fiduciary In New York?
A fiduciaries’ powers are set forth in New York Estate, Powers and Trusts §11-1.1(b), which authorizes a fiduciary, among other powers: To accept additions to
Can You Serve a Lawsuit By Facebook?
In the modern age, where communication can be done by way of text, tweet, email, or swipe, the ancient requirement to hand-serve a summons and
Financial Dishonesty As Grounds to Disqualify A New York Fiduciary
What happens if someone with a known history of dishonesty petitions for appointment as a fiduciary executor or estate administrator in a New York probate
Ohio Power of Attorney Act Prohibits Self Dealing
The Ohio Power of Attorney Act Prohibits Self Dealing Transactions A. “Hot Powers” A power of attorney is a written instrument authorizing an agent, known
Ohio Executor Or Administrator Has Three Months From Appointment To Present Claim To Probate Court
In In Re Estate of Gates, a March 31, 2022 opinion, the Ohio appellate court distinguished between the deadline for an executor or administrator to
Ohio Changes To Rules Applicable To Guardianships Go Into Effect On July 1, 2022
Changes to several of the Ohio rules applicable to guardianships go into effect on July 1, 2022. The amendments to the Rules of Superintendence of
