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
How to Obtain Guardianship Over Parent Florida
A parent starts making bad decisions, such as giving large sums of money away, refusing to take medication, and kicking out home health care aides.
Trustee in Contempt of Court For Failure to Follow Orders of Florida Probate Court?
How do you compel a trustee to comply with her duties as trustee? Holding a trustee in contempt of court can work, but only if
Should You Appeal a Florida Probate Order Because You Disagree With the Court’s Factual Findings?
Cartelli v. Green, a November 24, 2021 opinion from the Florida Fourth District Court of Appeal, offers a quick reminder that disagreeing with the probate
California Probate Guide
Omitted Spouses and Children In California
Omitted (otherwise known as pretermitted) spouses and children in California are those who marry the decedent (spouse) or are born (children) after the execution of
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
What Constitutes Undue Influence In California?
Undue influence in California is defined by statute. What constitutes undue influence in California law is broad. Undue influence means “excessive persuasion that causes another
Texas Probate Guide
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
In In the Matter Of the Estate Of Collins, a December 1, 2021 opinion, the Texas Court of Appeals, Twelfth District, reversed an order of
How To Prove Lack of Testamentary Capacity in Texas
In Estate of Durgin, the Texas appellate court upheld a verdict invalidating a will for lack of testamentary capacity. The case gives insight into how
New York Probate Guide
New York’s Uniform Partition Of Heirs Property Act Does Not Apply Retroactively
The Uniform Partition of Heirs Property Act became effective in New York on December 6, 2019 – we wrote about it here. The goal of
New York Court: No Prima Facie Entitlement to Admit Copy of Lost Will To Probate
In Matter of Giacobbe, the New York Supreme Court, Appellate Division, Second Department, affirmed an order denying cross motions for summary judgment seeking to admit
How To Substitute a Party After Death In New York
In Dugger v. Conrad, the New York Supreme Court, Appellate Division, First Department reversed a decision dismissing a complaint for failure to substitute a party
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