No. An estate is not eligible to file for bankruptcy protection under the United States Bankruptcy Code. As explained in In Re Taplin, 641 B.R.
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Trusts & Estates Breaking News
No. An estate is not eligible to file for bankruptcy protection under the United States Bankruptcy Code. As explained in In Re Taplin, 641 B.R.
How to Recover Bitcoin for an Estate
When someone passes away owning Bitcoin or another cryptocurrency, the recovery process can be difficult or impossible. As a personal representative or executor of an
How Does a Non Party Object to a Subpoena Duces Tecum in Florida on Grounds of Privilege?
Parties in a case can send each other document production requests, under the Florida Rules of Civil Procedure, Rule 1.350. Objections can be made, and
Florida Probate Guide
“EZ” Will Makes Difficult Estate Mess in Florida
What Is Wrong With A Do It Yourself Will? The perils of a do it yourself will are well known to probate attorneys. In Aldrich
How to Sue a Trustee in Florida
When a trustee of a trust commits wrongdoing, beneficiaries need to know how to sue a trustee. If the trust is governed by Florida law,
A Review Of Testamentary Capacity In Florida
A testator is required to be of sound mind, that is, to possess testamentary capacity, in order to be able to make a valid will
California Probate Guide
California Executors’ Access To A Decedent’s Digital Assets
California’s Revised Uniform Fiduciary Access to Digital Assets Act allows a California testator to give an executor, administrator, trustee, or other fiduciary authority over his
In Haggerty v. Thornton, a September 16, 2021 opinion from the California Fourth District Court of Appeal, Division One, the court affirmed a probate order
Foreign Language Wills In California Probate
A will written in a foreign language can be admitted to probate in California. Certain rules and procedures must be followed. What Happens When A
Texas Probate Guide
A Legally Permissible Transaction May Still Be A Breach Of Fiduciary Duty In Texas
In a March 2020 opinion, In Re Estate of Bryant, a trust dispute between three siblings, the Texas appeals court cautioned that a technically permissible
Deadlines and Timelines in Texas Probate
What Are the Deadlines and Timelines in Texas Probate? Key deadlines and timelines in a Texas probate include: Action to void marriage after death: within
Family Allowance In Texas Probate
Under the Texas Estates Code, before a Texas probate court approves the inventory, appraisement, and list of claims of an estate, a surviving spouse may
New York Probate Guide
New York Surrogate’s Court Addresses Adequacy Of Witness Affidavit With Remote Execution of Wills
In Matter of Holmgren, a February 23, 2022 opinion, the New York Surrogate’s Court, Queens County, addressed the adequacy of affidavits submitted with a purported
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,
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 Probate Guide
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
