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.
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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
What Is A Petition for Discharge In Florida Probate?
A Petition for Discharge in Florida probate lets the court and the beneficiaries know what assets are in the estate and how the assets will
Florida Renunciation Rule– Distribution Does Not Bar Trust Contest In All Cases
Generally, a beneficiary is required to adhere to what is called the “qualified renunciation rule” when challenging a Trust. The “qualified renunciation rule” requires a
Can An Estate Be Re-Opened After 60 Years?
Oftentimes, beneficiaries of an estate will want to reopen the estate after it is closed, sometimes decades later. Oftentimes, the reason for reopening the estate
California Probate Guide
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
Lifetime Transfers Considered An Advance On Inheritance
Under California law, lifetime transfers of property to a person will under certain conditions be treated as an at death transfer, and therefore as an
Spring 2021 California Case Roundup
Aghaian v. Minassian: Plaintiffs sufficiently alleged claims involving fraudulent transfer of assets by a guardian ad litem. Status as guardian ad litem did not provide
Texas Probate Guide
Can A Beneficiary Witness A Will In Texas?
Yes, a beneficiary of a will can witness the will under Texas law, but probably should not. A Bequest To A Beneficiary Witness Is Void
Who Can Serve As A Personal Representative In Texas?
The Texas Estate Code sets forth those persons who can serve as a personal representative of a Texas probate, the order of entitlement, and those
The Existence Of a Will Does Not Defeat a Texas Heirship Proceeding
In Estate of Whittenburg, and April 13, 2022 opinion, the Texas Appeals Court clarified that an heirship proceeding can proceed in a Texas probate even
New York Probate Guide
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
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
First Will Admitted To Probate Under New York Remote Witness and Notarization Law
In response to Covid-19 many states, including New York, implemented temporary orders authorizing remote witnessing and notarization of wills. In January 2021, in Matter of
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
