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.
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.
Deadlines and Timelines in Florida Probate
What are the deadlines and timelines in Florida Probate? Key deadlines and timelines in Florida probate include: TIC Election – 6 months from date of
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
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
Texas Community Property Transfers and Creditor Rights
Texas community property that passes on the death of a spouse is subject to the debts of the deceased spouse and the rights of creditors
Can An Executor Sell Specifically Devised Personal Property In Texas?
An executor can sell specifically devised personal property in Texas if doing so is not a breach of fiduciary duty, against the interests of the
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
When Is There A Cause Of Action Under New York Law For Mishandling A Decedent’s Remains?
In Hanna v. Fenton, the Supreme Court of the State of New York, New York County addressed a case involving the alleged mishandling of a
New York Exemptions For The Benefit Of A Decedent’s Family
When a New York resident dies, New York law provides benefits for certain members of the decedent’s family. These protective benefits are called the family
Ministerial Act Exception Used To Deny Surviving Spouse Status In New York County Surrogate’s Court
In Matter of Rosa, a July 21, 2022 opinion from New York County Surrogate’s Court, the court relied on the well-established ministerial act exception to
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