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West Virginia Prevents Child From Inheriting From Deceased Parent Where Parental Rights Terminated
What happens in West Virginia to an inheritance from a parent to a child when the parent has had his parental rights terminated? The recent
Decedent’s Estate Held Not To Be An Indispensable Party
In a 2016 case from Florida, the court held that the estate was not an indispensable party in an attempt to void some inter vivos
Caveats in Florida Probate Court
What is a Caveat in Florida Probate Court? A caveat in Florida probate court is a legal document filed with the probate court to provide
Florida Inherited IRA Still Protected in Bankruptcy, Even in Light of U.S. Supreme Court Case Clark v. Rameker
On June 12, 2014, the Supreme Court of the United States issued its opinion in the matter of Clark v. Rameker, 134 S. Ct. 2242
Final Judgment Merges And Disposes Of All Interlocutory Orders in Florida
Although it may be common knowledge to practitioners, many forget that interlocutory orders—those orders, decrees, or judgments entered at an intermediate stage of the litigation—are
Surviving Spouse Rights Delaware
Surviving spouse rights in Delaware include: Intestate Share (no will) Elective Share Spousal Allowance Surviving Spouse Rights When There Is No Valid Will When a
Membership Interest in LLC Passes Outside of Florida Probate Estate
Beneficiary designations and pay on death designations are often used as convenient mechanisms to avoid probate or trust administration. Most banks and financial institutions allow
Trust and Will Reformation & Life Insurance Not Always Protected from Creditors
A life insurance death benefit is not always protected from the claims of creditors in Florida probate and trust administration. In Morey v. Everbank, (1st
Formal Notice in Florida Probate – Failure to Respond Cannot Lead to Default
Florida probate procedure provides for the concept of formal notice in lieu of service by process. But can someone who receives formal notice in a
Attorney Fees in Breach of Trust Actions
Attorneys fees of a trustee defending a breach of trust action are not automatically permitted to be paid from trust assets. Generally, in a non-breach
Next of Kin – No Standing to Petition Florida Guardianship Court to Change Residence
Standing in a guardianship proceeding can be confusing, and depends on the particular issue or petition at hand. The guardian is granted certain authority, and
Surviving Spouse Rights Virginia
Surviving spouses are entitled to many rights and benefits under Virginia law, including: Intestate Share Elective Share Maintenance Allowance Exempt Property Homestead Allowance Learning about
Can an Irrevocable Trust Be Modified to Increase Minuscule Income Distributions?
The common law, as well as most state statutes, allow the terms of an irrevocable trust to be modified under certain circumstances. In Wells Fargo
Can A Minor Inherit From an Estate in Texas?
A minor can inherit from an estate in Texas. However, a minor cannot directly hold or receive the inheritance until the child reaches the age
How To Contest Life Insurance Beneficiary
It is possible to contest the beneficiary of a life insurance policy after the death of the insured in a variety of situations. Here are
Does Jointly Owned Property Go Through Probate in Florida?
There are several types of jointly owned property recognized in Florida. Some types of jointly owned property need to go through Florida probate, and others