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
Handwritten Foreign Will With One Witness Not Valid In Florida
Foreign wills (wills not executed in Florida) are generally admissible to probate in Florida if the will is valid under the laws of the state
Florida Guardianship Court Orders Trust Accounting Where Commingling
At first glance, Florida statutes appear to clearly distinguish the law of trusts from that of guardianships, devoting one chapter (Ch. 736) exclusively to trusts
No Evidence of Active Procurement in Pay On Death Account = No Undue Influence
What evidence is necessary to challenge the pay on death titling of a bank account based on undue influence? According to this recent appeal, more
California Probate Guide
A California Trust Deed, a Power Of Sale, and Community Property
The Second Appellate District of California, in Trenk v. Soheili, affirmed the judgment of the trial court quieting title in property that was the subject
In a detailed and lengthy opinion, the California Court of Appeal, Third District, in Gomez v. Smith, affirmed a trial court judgment which held a
Deadlines and Timelines in California Probate
What Are The Deadlines and Timelines In California Probate? Key deadlines and timelines in California probate include: Contesting appointment of personal representative: at or before
Texas Probate Guide
Texas ancillary probate is used to probate assets in Texas for a decedent who resided in a state other than Texas, when the other state
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
Suspicion of Undue Influence Not Enough In Texas Will Contest
Bare suspicion of undue influence is not enough to survive summary judgment in a Texas will contest. A romantic relationship does not automatically create a
New York Probate Guide
Financial Dishonesty As Grounds to Disqualify A New York Fiduciary
What happens if someone with a known history of dishonesty petitions for appointment as a fiduciary executor or estate administrator in a New York probate
No Contest Clauses in New York Wills
No contest clauses in New York wills are valid under New York law. What is a “no contest” clause in a will? A “no contest”
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,
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
