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
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 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
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a
No. An estate is not eligible to file for bankruptcy protection under the United States Bankruptcy Code. As explained in
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
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.
Failed Will Can Qualify As A Community Property Survivorship Agreement In Texas
A document labeled as a will can be adjudicated as a community property survivorship agreement in the appropriate circumstances under Texas law. In Estate of
How Do You Revoke A Will In Texas?
A will is ambulatory, meaning that it can be changed or completely revoked by a testator prior to death. There are multiple ways to revoke
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
Can I Leave Assets To My Pet In New York?
New York pet owners and animal lovers frequently ask: Can I leave assets to my pet so that my pet can be taken care of
Does A New York Fiduciary Need A Lawyer?
A New York fiduciary does not need a lawyer and is permitted to represent himself or herself in court if representing his or her own
How Does a Will Proponent Make a Prima Facie Case For Probate In New York?
In Matter of Schmidt, a May 2021 opinion, the New York Supreme Court, Appellate Division, reviewed the basic prima facie burdens of a will proponent
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
