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.
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
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
Partition Actions in Texas for Inherited Property
A partition action in Texas is a legal action to divide real property among joint owners. Different rules apply to partition actions in Texas for
In In re Estate of Stewart, a Texas executor was found to have breached his fiduciary duties in administering his father’s estate by making a
When Can a Will Be Modified Or Reformed Under Texas Law?
Only a personal representative can petition the court for modification or reformation of a will under Texas law. A beneficiary does not have the power
New York Court: No Confidential Relationship Leads To Reversal of Undue Influence Finding
One of the basics of an undue influence challenge to a New York will or trust is establishing the existence of a confidential relationship. Once
Undue Influence in New York Probate
Undue influence is one way to challenge a will in New York probate court. The other general grounds can be found here. What is Undue
A decedent’s estate qualifies as a small estate under New York law if it consists of no more than $50,000 in personal property. What Qualifies
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