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
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
When Is Someone “Unsuitable” To Serve As Independent Executor Of a Texas Estate?
In In The Estate Of Eric Johnson, an August 26, 2021 opinion from the Second Appellate District of Texas at Fort Worth, the Court affirmed
Will Construction Under Texas law
The January 24, 2020 Texas Supreme Court decision in ConocoPhillips Co. v. Ramirez involved a complicated fact pattern of land ownership spanning generations. However, the
Inventory And Appraisement In Texas Probate
One of the most important duties of the personal representative of a Texas probate is to prepare an inventory and appraisement. What Is an Inventory
Testamentary Substitutes Within New York’s Elective Share Statute
Testamentary substitutes are factored into the calculation of a surviving spouse’s elective share under New York law. In Matter of Lipton, the New York County
Estate Dispute Over Calder Sculpture: A probate dispute involving an art gallery and an estate beneficiary over a sculpture created by the famous American sculptor,
New York Surrogate’s Court Awards Attorney’s Fees To Trustee and Surcharges Trustee In Same Action
In Matter of LiGreci, decided June 2, 2021, the Supreme Court of the State of New York, Appellate Division, Second Department, affirmed a Surrogate’s Court
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