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
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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
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 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
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
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
On June 16, 2021, the Texas Legislature passed a bill (HB 654) that extends the rule against perpetuities to 300 years for trusts. The new
Does a Texas Trustee Need To Be Represented By a Licensed Attorney?
Yes, a Texas trustee is required to be represented by a licensed attorney, and cannot represent the interests of third parties without a license to
How To Make A Creditor Claim Against The Estate Of A Decedent In New York
If a New York resident owed you money, and then died, you are considered a creditor of the estate and will need to file a
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
Can You Compel Production of A Will In New York?
Interested parties can compel the production of a decedent’s will under New York law. This is sometimes necessary when you have only a copy 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