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
Trusts & Estates Breaking News
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
Does it Matter if a Florida Probate Proceeding is Adversarial?
Yes, a seemingly obscure probate rule about whether a dispute is adversarial or not can have a large consequence, as made clear in the case
Can the Settlor Amend an Irrevocable Trust 25 Years Later?
Yes, pursuant to the Uniform Trust Code and Mississippi law, an irrevocable trust can be amended 25 years after its creation by the settlor, to
Florida Probate Guide
Stranger Originated Life Insurance Survives Challenge in Florida
Stranger-originated life insurance (STOLI) is a scheme pursuant to which someone purchases life insurance on the life of another for whom the purchaser does not
Challenged Trust and Power of Attorney Do Not Offer Less Restrictive Alternative to Guardianship
In Searle v. Bent (2nd DCA 2013), Anne Bent initiated a Florida guardianship proceeding to determine the capacity of her mother, Dain Searle. Bent provided
Partition actions in Florida are often used to force the sale of jointly owned property when the owners cannot agree amongst themselves what to do
California Probate Guide
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a California probate case where the evidence of
Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow’s rights) including: Community Property Intestate Share Pretermitted Spouse Rights In order to
What Are The Requirements For A Valid Will In California?
A will is a document that directs what happens with the property that you own when you die – you can learn more about what
Texas Probate Guide
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
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
Texas Supreme Court: No Right To a Jury Trial In Trust Modification Actions
On June 17, 2022, in In the Matter Of Troy S. Poe Trust , the Texas Supreme Court determined that there is no right to
New York Probate Guide
New York Court Conducts In Depth Analysis Of Lack of Testamentary Capacity Will Contest
In Matter of Falkowsky, a contested probate proceeding, the New York Supreme Court, Appellate Division, Second Department, affirmed a decree made after a nonjury trial
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
When Do Inherited Property Rights Vest In New York?
Title to inherited property automatically vests in the heirs of a decedent who dies intestate in New York, however, such vesting of title is subject
Breaking Legal News
Elon Musk has brought suit against ChatGPT-maker OpenAI and its CEO, Sam Altman, saying they abandoned the startup’s original mission to develop artificial intelligence for
New York City Sues Texas Bus Companies Over Migrant Transport
New York City has brought suit against bus companies for dropping off migrants from Texas into the City. Read the complaint. Read the Mayor’s press
New York Times sues Microsoft and Open AI for Copyright Infringement in AI
The New York Times has sued Microsoft and OpenAI for copyright infringement based on the output results from AI results. Read the complaint here. Some