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.
Deadlines and Timelines in Florida Probate
What are the deadlines and timelines in Florida Probate? Key deadlines and timelines in Florida probate include: TIC Election – 6 months from date of
Surviving Spouse Rights Florida
Surviving Spouse Rights in Florida include: All or one-half of the estate if there is no will All or one-half of the estate if the
Will Contest Guide for Florida
A will can be contested in Florida on the grounds of undue influence, lack of capacity, fraud, duress, lack of testamentary formalities, and insane delusion.
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
Waiver of Surviving Spouse Rights Under Florida Law
Surviving spouse rights in Florida are strongly protected under Florida law. In order to waive spousal rights under Florida law,
Complete Guide to Florida Elective Share
The Florida Elective Share is a means by which surviving spouses receive a fair share of their deceased spouse’s estate,
No. An estate is not eligible to file for bankruptcy protection under the United States Bankruptcy Code. As explained in
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
Attorney Fees in Texas Probate
Whether or not you are entitled to your attorneys fees in Texas probate will depend on your role in the probate and what kind of
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
Ric Ocasek’s Will: Abandonment As Bar To Elective Share
Ric Ocasek, the front man of The Cars ( “Just What I Needed” and “Since You’re Gone”) and hit producer (albums from No Doubt and
Cooperative Apartments In New York Probate
Cooperative apartments in New York are common. What happens when an owner of a cooperative apartment dies? This article examines some of the basics of
Who Can Petition For Probate In New York?
The persons allowed to petition for probate in New York differ between a testate (decedent had a will) and intestate (decedent did not have a
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
