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.
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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.
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
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
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a
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
Complete Guide to Texas Probate Texas Probate Basics Texas Spousal and Family Rights Probate and Trust Litigation Deadlines and Timelines in Texas Probate What Is
The Existence Of a Will Does Not Defeat a Texas Heirship Proceeding
In Estate of Whittenburg, and April 13, 2022 opinion, the Texas Appeals Court clarified that an heirship proceeding can proceed in a Texas probate even
What Happens To Homestead Property In Texas When A Parent Dies Leaving A Minor Child?
Homestead property in Texas inures at death and is exempt from claims of the estate. In Caceres v. Kerri Grahamas Dependent Adm’r of the Estate
When Is Someone Unfit To Serve As A Fiduciary In New York Probate?
One of the exceptions to the eligibility of a natural person to serve as a fiduciary in New York is “one who does not possess
Foreign Wills In New York Probate
A foreign will is a will that is executed in another state or another country. A foreign will can be admitted to probate in New
How to Construe an Ambiguous Will in New York
What happens when a will bequeaths the same property to different people in two different clauses in a will, rendering the will ambiguous? A February
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