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Does a Personal Representative Need to Hire A Lawyer
Yes. In Florida, a personal representative must be represented by an attorney admitted to practice in Florida, pursuant to Florida Probate Rule 5.030. There is
Surviving Spouse Rights Washington
Surviving spouses have protected rights and benefits under Washington state law, including: Community Property Intestate Share Omitted Spouse Rights Award Allowance Surviving spouse rights in
When Do Inherited Property Rights Vest In New York?
Title to inherited property automatically vests in the heirs of a decedent who dies intestate in New York, however, such vesting of title is subject
Do You Have to Probate a Will in Florida
No. The simple answer is that you do not have to probate a will in Florida. There is no requirement under Florida law that anyone
Non Probate Asset Controlled by Beneficiary Designation, Not the Will, in Minnesota
Does A Will Control Over a Beneficiary Designation? Can a court, carrying out the terms of a will, control the disposition of a non-probate asset?
Heirship Proceedings in Texas Probate
An heirship proceeding in Texas probate is a court proceeding to determine a decedent’s heirs. A proceeding to determine heirship is authorized when: a person
Idaho Elective Share Statutes Apply To Quasi-Community Property
The elective share statutes can only be used to recover quasi-community property under Idaho law, as opposed to community property. To recover community property, a
Stranger Originated Life Insurance Survives Challenge in Florida
Stranger-originated life insurance (STOLI) is a scheme pursuant to which someone purchases life insurance on the life of another for whom the purchaser does not
Partially Incapacitated Ward Makes Valid Deed
When a person is found incapacitated and placed under a guardianship, the exercise of some or all of that person’s rights are exclusively delegated to
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
Probate Court Has Jurisdiction to Review Attorney Fees | Burden of Proof on Attorney
If an attorney for a personal representative of an estate charges allegedly excessive fees, the probate court has the jurisdiction to review the propriety of
Are Handwritten Wills Valid In California?
Yes, handwritten or “holographic” wills are valid in California. What Is A Holographic Will? A holographic will is a will written in the testator’s handwriting
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
DC Court Of Appeals Revives Chinese Dissidents’ Charitable Trust Complaint Against Yahoo
In the February 28, 2020 opinion of He Depu v. Yahoo Inc., Judge Merrick Garland authored an opinion for the DC Court of Appeals breathing
Simplified Procedure for Adding Personal Representative to Pending Personal Injury Lawsuit
The Florida Supreme Court has greatly simplified the procedure where a plaintiff in a personal injury suit dies and a wrongful death cause of action
Federal Interpleader Case Involving Slayer Statute Dismissed in Colorado
Normally, a federal court is required to proceed with a case in which it has jurisdiction. Actions for declaratory relief, however, are treated differently, and
How to File a Lawsuit Against an Estate in Florida
There are several types of ways to sue an estate, under Florida law. 1. Creditor Claim Against the Estate. To file a creditor claim against
Independent Action Filed in Wrong Division – Transfer or Dismiss?
In which division of the court you file actions can be a trap for unwary. Fortunately, the appellate court here saved a litigant who would