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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.
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
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
Creditor Claims In California Probate
California probate creditor claims can be a technical trap for the unwary. With notice requirements and strict deadlines
Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow’s rights) including: Community Property Intestate
Heirship Petitions in California Probate
A 2019 case from California’s Fourth Appellate District, Estate of Herzog, analyzed an heirship petition proceeding in a
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
Can I Leave Assets To My Pet In Texas?
Texas pet owners and animal lovers frequently ask: Can I leave assets to my pet so that my pet can be taken care of after
Inheritance Rights of Adopted Children in Texas
Inheritance rights of adopted children in Texas vary depending on whether the person was adopted as a child or as an adult. Do Adopted Children
Texas recognizes equitable adoption, also known as adoption by estoppel, in which a child will be given some legal rights as a child under Texas
New York Inheritance Laws With No Will
When a New York resident dies with no will, they have died intestate. When someone dies intestate, New York inheritance law controls how the decedent’s
Broad Discovery Triggers In Terrorem Clause In New York Trust Proceeding
In the Matter of the Neva M. Strom Irrevocable Trust III, a March 3, 2022 opinion, the New York appeals court strictly construed an in
Next of Kin Under New York Law
The term “next of kin” under New York law is synonymous with “distributees” of an intestate decedent. Next of kin under New York law are,
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
