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
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a
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
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
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
Next of kin are generally defined in Texas as the closest members of one’s family, and are limited to those people living who are the
Texas Appellate Court Reviews Undue Influence and Testamentary Capacity Will Contest Basics
In the Estate of Hogan, a June 9, 2022 opinion from the Texas Eleventh Court of Appeals, the court reviewed the basics of undue influence
New York Court Declares Marriage To Incapacitated Spouse Void Ab Initio
In Matter of Nunziata, a December 15, 2021 opinion from the New York Supreme Court, Nassau County, the court vacated a power of attorney and
Deadline To File Surviving Spouse Election Tolled Under New York Covid-19 Executive Order
In Matter of Powell, an August 6, 2021 opinion, the New York Surrogate’s Court addressed whether the deadline for a surviving spouse to file an
Who Can Petition For Probate In New York?
The persons allowed to petition for probate in New York differ between a testate (decedent had a will) and intestate (decedent did not have a
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
