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
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
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
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
Heirship Proceedings in Texas Probate
An heirship proceeding in Texas probate is a court proceeding to determine a decedent’s heirs. A proceeding to determine heirship is authorized when: a person
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,
Does Divorce Invalidate A Will In Texas?
A divorce in Texas does NOT invalidate a will executed prior to the divorce but does invalidate bequests to the former spouse thereby changing the
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
Can A Beneficiary Witness A Will In New York?
Yes, BUT any bequest to a beneficiary who witnessed a New York will is void. However, if there are a sufficient number of witnesses to
Coronavirus and Remote Notarization in New York
UPDATED July 2020: On July 6, 2020, Governor Cuomo signed Executive Order 202.48. This executive order extends the remote procedures permitted to execute estate planning
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