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
Partnership Agreement Trumps Will Under Florida and Ohio Law
In Finlaw v. Finlaw, the Florida Second District Court of Appeal interpreted a partnership agreement under principles of Florida and Ohio contract law to determine
Is an Irrevocable Trust for Wife, Settled by the Husband, Subject to Equitable Distribution
A spouse’s interest in an irrevocable trust, normally established by the spouse’s parent or other relative, is not subject to equitable distribution in a divorce.
Florida Court Applies Common Law To Modify Irrevocable Trust
There are certain situations where an irrevocable trust can be modified under Florida law. In the May 2020 case of Demircan v. Mikhaylov, Florida’s Third
California Probate Guide
California’s Elder Abuse Act: Attorney’s Fees Mandatory Upon Finding Of Financial Abuse
The California Elder Abuse and Dependent Adult Civil Protection Act, the “Elder Abuse Act,” protects elders against financial and other abuse “by providing enhanced remedies
In a detailed and lengthy opinion, the California Court of Appeal, Third District, in Gomez v. Smith, affirmed a trial court judgment which held a
California Court Upholds Elder Abuse Restraining Order Except Firearms Prohibition
In White v. Wear, a March 8, 2022 opinion from the California Appellate Court, Fourth Appellate District, Division Two, the court addressed the appropriateness of
Texas Probate Guide
What Does “In Equal Shares Per Stirpes” Mean?
The phrase “in equal shares per stirpes” is a common term in estate planning documents, but fraught with ambiguity. The recent case of Archer v.
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
Does a Texas Trustee Need To Be Represented By a Licensed Attorney?
Yes, a Texas trustee is required to be represented by a licensed attorney, and cannot represent the interests of third parties without a license to
New York Probate Guide
Undue Influence in New York Probate
Undue influence is one way to challenge a will in New York probate court. The other general grounds can be found here. What is Undue
Are Handwritten Wills Legal In New York?
Yes, handwritten wills (also known as holographic wills) are valid and legal in New York, but only under very limited circumstances. A will is holographic
The 3/2 Discovery Rule In New York Will Contests
The 3/2 discovery rule in New York will contests limits discovery to three years prior to the contested will, and two years after the date
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