No. An estate is not eligible to file for bankruptcy protection under the United States Bankruptcy Code. As explained in In Re Taplin, 641 B.R.
Trusts & Estates Breaking News
No. An estate is not eligible to file for bankruptcy protection under the United States Bankruptcy Code. As explained in In Re Taplin, 641 B.R.
How to Recover Bitcoin for an Estate
When someone passes away owning Bitcoin or another cryptocurrency, the recovery process can be difficult or impossible. As a personal representative or executor of an
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
Florida Probate Guide
Trust Protector Amendment During Litigation Upheld
Can a trust protector amend a trust in the middle of litigation, after the trial court has ruled adversely, to reverse the trial court’s decision?
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
Do You Need A Copy of the Trust to Bring a Trust Contest Under Florida Law?
In Boren v. Rogers, a Florida appellate court said no, you do not need a copy of the trust to bring a trust contest under
California Probate Guide
What is a Notice of Proposed Action Under California Law?
What is a Notice of Proposed Action under California Law? A Notice of Proposed Action is sent by a California trustee or personal representative who
Can I Appeal a California Probate Court Decision?
Yes, you can appeal a California probate court decision. What kind of California probate court decisions can be appealed? General Probate Orders California Probate Codes
How to Contest a Will in California
What Grounds Do You Need to Contest a Will in California? A will can be contested in a California probate proceeding on the grounds of:
Texas Probate Guide
What Are Surviving Spouse Rights Under Texas Law? Intestate Share Community Property Homestead Rights Exempt Property Family Allowance In order to preserve surviving spouse
Family Settlement Agreements In Texas Probate
A family settlement agreement can be used to resolve Texas probate disputes, instead of going through protracted litigation. What Is A Family Settlement Agreement? “[A]
Removal of a Texas trustee can occur for a variety of reasons. Some of the grounds are obvious, like the trustee became incapacitated or failed
New York Probate Guide
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
How Long Does Probate Take In New York?
How long does probate take in New York? Generally about a year. Although the time for how long a New York probate will take can
Drafting Attorney’s Computer Inspected for Evidence in Will Contest
A Surrogate’s Court in Erie County, New York, ordered the drafting attorney of a will to turn over his computer for inspection during discovery 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