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
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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? TIC Election – 6 months from date of death Elective Share Election – 6 months or
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.
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
Surviving Spouse Rights California
California law affords certain rights and benefits to surviving spouses (sometimes called widow’s rights) including: Community Property Intestate
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
Will Construction Under Texas law
The January 24, 2020 Texas Supreme Court decision in ConocoPhillips Co. v. Ramirez involved a complicated fact pattern of land ownership spanning generations. However, the
What is probate in Texas? Probate in Texas is a legal proceeding used to distribute a decedent’s assets. A decedent’s assets that go through probate
Can A Minor Inherit From an Estate in Texas?
A minor can inherit from an estate in Texas. However, a minor cannot directly hold or receive the inheritance until the child reaches the age
Conflicting Evidence Of Due Execution and Undue Influence In New York Will Contest
The Surrogate’s Court, Queens County, in the July 20, 2021 opinion of Matter of Sook Li, denied summary disposition in a New York will contest
Spousal Support Claim Survives Death of Spouse In New York
In Dean v. Dean, the New York Supreme Court, Monroe County, determined that a wife’s claim for spousal support survived her death, and could be
Who Can Serve As A Fiduciary In New York?
To serve as a fiduciary in a New York estate, a person is eligible except for the following: Infants; Incompetents; Non-domiciliary aliens, except a foreign
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