Probatestars is the leading source for probate, trust, guardianship and inheritance litigation in the country. The content is 100% written by practicing trust and estate lawyers throughout the country.
It is fairly common knowledge that all professional athletes who play in one of the major team sports is required to sign a standard player
Simplified Procedure for Adding Personal Representative to Pending Personal Injury Lawsuit
The Florida Supreme Court has greatly simplified the procedure where a plaintiff in a personal injury suit dies and a wrongful death cause of action
Probate Fraud – Deadlines Might Not Apply
In Hill v. Davis, (Fla. 2011), the Florida Supreme Court may have relaxed the 3 month deadline within which to challenge certain types of probate
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
Creditor Claims In California Probate
California probate creditor claims can be a technical trap for the unwary. With notice requirements and strict deadlines
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
Successful Undue Influence Triple Will Contest In Texas
The Court of Appeals of Texas, Eighth District, El Paso, in In re Estate of Scott, affirmed a jury’s finding that three wills were signed
Can A Deed Be Invalid Because of Undue Influence In Texas?
Most of the discussion regarding undue influence centers around the unlawful procurement of wills, trusts, and other estate planning documents. A deed can also be
Does a Guardianship in Texas End When the Ward Dies?
No, a Texas guardianship proceeding does not end after a ward dies until the work necessary to close the guardianship is complete. A 2019 Texas
Mary L. Trump, Donald Trump’s niece, has filed a lawsuit in New York State Court against the President, his sister Maryanne Trump Barry, and the
The 3/2 Discovery Rule In New York Will Contests
The 3/2 discovery rule in New York will contests limits discovery to three years prior to the contested will, and two years after the date
First Will Admitted To Probate Under New York Remote Witness and Notarization Law
In response to Covid-19 many states, including New York, implemented temporary orders authorizing remote witnessing and notarization of wills. In January 2021, in Matter of
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
