Deadlines and Timelines in Florida Probate
What are the deadlines and timelines in Florida Probate? TIC Election – 6 months from date of death Elective Share Election – 6 months or
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Deadlines and Timelines in Florida Probate
What are the deadlines and timelines in Florida Probate? TIC Election – 6 months from date of death Elective Share Election – 6 months or
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.
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
Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow’s rights) including: Community Property Intestate
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
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
What Is The Privity Rule In Texas Estate Planning Malpractice Claims?
In Flores v. Branscomb, a Texas appellate court discussed the estate planning privity rule for legal malpractice claims, and determined whether a non-client could sue
Texas Court Upholds Jury Finding Of Invalid Will and Civil Theft Committed By Neighbor
In In Re the Estate Of Bobbie Willingham, a December 20, 2021 opinion, the Texas appellate court reviewed a jury’s determination finding a will invalid
Forfeiture Clauses In Texas Will and Trust Contests
A forfeiture clause (also called a “no contest clause” or “in terrorem clause”) in a Texas will or trust is a clause that voids a
New York’s Uniform Partition Of Heirs Property Act Does Not Apply Retroactively
The Uniform Partition of Heirs Property Act became effective in New York on December 6, 2019 – we wrote about it here. The goal of
5 Takeaways From New York’s Power of Attorney Law Effective June 2021
A new, more simplified, power of attorney law is coming to New York effective June 13, 2021. The new New York power of attorney law
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
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