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
Is A Will With Only A Partial Signature Valid In Florida?
A will with only a partial signature is considered a will without a signature, and renders a will invalid in Florida. A Florida will must
Florida Personal Representatives and Curators Cannot Serve Concurrently
In Gordin v Estate of Shelley, the Florida personal representatives of the estate of Shelley Wilensky appealed the Florida probate court’s order appointing a curator
Florida’s New Power of Attorney Statute
On May 4, 2011, the Florida Legislature passed Senate Bill 670, which revises the power of attorney statute, Florida Statutes Chapter 709. Effective, as of
California Probate Guide
Are Handwritten Wills Valid In California?
Yes, handwritten or “holographic” wills are valid in California. What Is A Holographic Will? A holographic will is a will written in the testator’s handwriting
Common Terms Under The California Probate Code
Probate law can be confusing, and many of the terms used by California probate practitioners are unfamiliar to a layperson. The California probate code defines
Reformation of a Will in California
Can you reform a will in California? Yes. Reformation of a will in California is permitted, even if the will is unambiguous, if there is
Texas Probate Guide
Texas ancillary probate is used to probate assets in Texas for a decedent who resided in a state other than Texas, when the other state
Equitable Adoption In Texas Probate
In In the Estate Of Leslie Earnest Hines, No. 06-20-00007-CV (Tex. App. – Texarkana October 8, 2020), the appellate court considered a Texas probate court’s
Fees and Expenses For Defending A Texas Will
Who gets their fees paid for defending a will under Texas law? The parties in the September 2019 case of Austin v. Austin disputed entitlement
New York Probate Guide
How To Make A Creditor Claim Against The Estate Of A Decedent In New York
If a New York resident owed you money, and then died, you are considered a creditor of the estate and will need to file a
New York Court Reverses Order Removing Guardian For Failure To Hold Evidentiary Hearing
In Matter of Roberts v. Maxis, the New York Supreme Court, Appellate Division, First Department unanimously reversed, on the law, an order removing petitioner as
Broad Discovery Triggers In Terrorem Clause In New York Trust Proceeding
In the Matter of the Neva M. Strom Irrevocable Trust III, a March 3, 2022 opinion, the New York appeals court strictly construed an in
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