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Independent Action Filed in Wrong Division – Transfer or Dismiss?
In which division of the court you file actions can be a trap for unwary, particularly with lawsuits that are offshoots of a Florida probate
On June 12, 2014, the Supreme Court of the United States issued its opinion in the matter of Clark.v.Rameker, 134 S. Ct. 2242 (2014). In
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
Creditor Claims In California Probate
California probate creditor claims can be a technical trap for the unwary. With notice requirements and strict deadlines
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a
Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow’s rights) including: Community Property Intestate
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
Can You Appeal A Texas Probate Court Ruling?
Yes, you can appeal a Texas probate court ruling if: A statute expressly provides that the order is a final, appealable order; or The order
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
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
Can the Deadline To File For Elective Share In New York Be Extended?
Yes, the deadline for a New York surviving spouse to take an elective share can be extended. When Does an Election To Take Elective Share
Priority of Payment of Claims In New York Probate
In Matter of Rosenblatt (Solomon), the New York Court of Appeals addressed the priority of payment of claims in New York probate, in a situation
Next of Kin Under New York Law
The term “next of kin” under New York law is synonymous with “distributees” of an intestate decedent. Next of kin under New York law are,
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
