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.
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
Florida Renunciation Rule– Distribution Does Not Bar Trust Contest In All Cases
Generally, a beneficiary is required to adhere to what is called the “qualified renunciation rule” when challenging a Trust. The “qualified renunciation rule” requires a
How to Reopen Probate in Florida
You can reopen probate in Florida if additional assets are located, a new will found, a creditor entitled to notice was not paid, or for
Florida Probate Court Has No Jurisdiction Over Out-Of-State Real Property
It is not uncommon for a resident of Florida to own real property in another state. In Brown v. Brown, the Florida appellate court reminds
California Probate Guide
Alleged Delusions Did Not Invalidate Trust In Favor Of St. Jude’s For Lack Of Testamentary Capacity
In Eyford v. Nord, a March 2021 opinion, the California Court of Appeal, First Appellate District, affirmed a California probate court’s judgment denying a petition
What is a Conservatorship in California?
There are cases when are adults are not able to care for their own personal needs or finances due to some type of disability, temporary
In Haggerty v. Thornton, a September 16, 2021 opinion from the California Fourth District Court of Appeal, Division One, the court affirmed a probate order
Texas Probate Guide
Texas Trust Protector Has No Fiduciary Duty to Settlor
A “trust protector” is a relatively new role in the world of Texas trusts. An opinion from the U.S. District Court, Southern District of Texas,
Texas Supreme Court: Acceptance of Benefits Under Will Bars Will Contest
In In re Estate of Johnson, the Texas Supreme Court reaffirmed in a May 28, 2021 opinion that a will contestant does not defeat an
In the March 2021 opinion of Estate of Tillotson, a Texas appellate court addressed the partition of community property after a spouse died intestate, in
New York Probate Guide
First Will Admitted To Probate Under New York Remote Witness and Notarization Law
In response to Covid-19 many states, including New York, implemented temporary orders authorizing remote witnessing and notarization of wills. In January 2021, in Matter of
Undue Influence in New York Probate
Undue influence is one way to challenge a will in New York probate court. The other general grounds can be found here. What is Undue
Cooperative Apartments In New York Probate
Cooperative apartments in New York are common. What happens when an owner of a cooperative apartment dies? This article examines some of the basics of
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