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
In Townsend v. Mansfield, an October 6, 2021 opinion from Florida’s First District Court of Appeal, the Court affirmed a judgment granting the assessment of
A Review Of Testamentary Formalities In Florida: How To Make a Valid Will
Following the testamentary formalities is one of the most important requirements to successfully make a valid will under Florida law. To make a valid will
How Long Does Probate Take in Florida
Probate in Florida generally takes: 3 months or less for simple estates 1 year for standard formal administrations 2 or more years for complex and
California Probate Guide
What is a Conservatorship in California?
There are cases when are adults are not able to care for their own personal needs or finances due to some type of disability, temporary
Can A Power of Appointment Be Used To Transfer All Assets Out Of A California Trust?
Yes, a general power of appointment can be used to transfer the entire corpus of a California trust to one person if the terms of
Electronic Wills In California
Existing California law does not yet include a law providing for electronic wills, although proposed legislation exists. California law generally requires that a will be
Texas Probate Guide
When Is Someone “Unsuitable” To Serve As Independent Executor Of a Texas Estate?
In In The Estate Of Eric Johnson, an August 26, 2021 opinion from the Second Appellate District of Texas at Fort Worth, the Court affirmed
In Hodge v. Lindauer, an October 5, 2021 opinion from the Court of Appeals, Sixth Appellate District of Texas at Texarkana, the Court determined that
Use Of the Texas Citizens Participation Act In Will and Trust Disputes
In the January 2021 case of Marshall v. Marshall, the Texas appellate court determined that appellants did not violate an in terrorem clause in the
New York Probate Guide
5 Takeaways From New York’s Power of Attorney Law Effective June 2021
A new, more simplified, power of attorney law is coming to New York effective June 13, 2021. The new New York power of attorney law
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
Assets Acquired By Estate After a Decedent’s Death Must Pass Under New York’s Intestacy Laws
In Matter of Keough , a June 17, 2021 opinion from the New York Appellate Division, Fourth Department, the Court considered whether assets acquired by
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
