Probate guides

Heir-focused explainers by state. New guides are published on a rolling basis.

• Alabama Classifies Embryos as Children for Wrongful Death Act Purposes

  Alabama · 2024-02-19

  Alabama, like many states, has a statute providing for civil recovery for the death of a minor. In Alabama, that statute is the Alabama Wrongful Death of a Minor Act , located at Section 6-5-391 of the Alabama Code. In LePage v. the Ctr. fo…

• Alabama Probate Court Has No Jurisdiction To Alter Circuit Court Judgment

  Alabama · 2020-03-30

  In the March 2020 opinion of Ex parte Huntingdon College , the Alabama Supreme Court directed an Alabama probate court to vacate an order that nullified a circuit court judgment on the basis that the probate court lacked jurisdiction. The F…

• Alabama Supreme Court: Administrator Allowed To Sell Estate Real Property

  Alabama · 2020-07-23

  When a decedent dies intestate in Alabama, an administrator of the estate is permitted to sell estate real property if needed for payment of debts of the estate or costs and expenses of administration. In Brown v. Berry-Pratt , the Alabama …

• Alabama Supreme Court: Alabama Circuit Court Lacks Subject Matter Jurisdiction Over Claims Against Georgia Executor

  Alabama · 2020-06-29

  The Alabama Supreme Court, in Ex Parte Nancy T. Beamon , addressed the issue of subject matter jurisdiction in an Alabama court over an executor of an estate pending in another state. The Alabama Supreme Court determined that an Alabama cir…

• Alabama Supreme Court: Failure to Record Marriage Document Before Death Does Not Invalidate Marriage

  Alabama · 2021-12-13

  In Porter v. Estate of Porter , a December 10, 2021 opinion from the Alabama Supreme Court, the court determined whether the death of a party to a marriage, after a marriage document is executed but before the marriage document is recorded …

• Alabama Supreme Court: How To Prove Proper Execution Of a Will

  Alabama · 2020-12-03

  In the November 2020 opinion of McElroy v. Estate of McElroy , the Alabama Supreme Court reviewed the basics of how to make a valid will, and how to prove the proper execution of a will that is not-self proving. In this case, the will conte…

• Alabama Supreme Court Rejects Probate of Lost Will

  Alabama · 2020-01-22

  Beneficiaries of lost wills can attempt to probate a lost will if the requirements of state law are met. In January of 2020, the Alabama Supreme Court amplified the rules for probating a lost will in Alabama. In Taylor v. Hoehn , No. 118037…

• Surviving Spouse Rights Alabama

  Alabama · 2019-09-19

  Surviving Spouse rights in Alabama (also known as widow's rights) include: Intestate Share Elective Share Homestead Allowance Exempt Property Family Allowance Pretermitted Spouse What Are Surviving Spouse Rights in Alabama If There Is No Wi…

• The Alabama Supreme Court On Proving The Existence and Terms Of an Oral Trust

  Alabama · 2020-10-27

  In Ledbetter v. Ledbetter , a sibling dispute over the existence of an oral trust, the Alabama Supreme Court reversed a summary judgment finding that the evidence was insufficient to support the existence of an oral trust under Alabama law.…

• Who Are Next Of Kin In Alabama?

  Alabama · 2020-09-02

  “Next of kin” under Alabama law for purposes of inheritance means those people who are set to inherit from an intestate estate (where the decedent died without a will). For inheritance purposes, “next of kin” are often referred to as “heirs…

• Who Can Make a Will In Alabama?

  Alabama · 2020-12-01

  Under Alabama law, a person must be at least 18 years old and be of sound mind to make a valid will. See Ala. Code § 43-8-130 . What Is the Standard For Mental Capacity To Make a Will In Alabama? To make a valid will under Alabama law, the …

• How Do You Make a Valid Will In Alaska?

  Alaska · 2021-05-18

  To be valid under Alaska law, a will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   The requirements to make a valid will in Alaska are set forth in Alaska Stat. § 13.12.502 . Who Can Make a Valid…

• Surviving Spouse Rights Alaska

  Alaska · 2019-09-23

  Alaska’s surviving spouses have important rights under Alaska law, including: Intestate Rights Homestead Allowance Exempt Property Family Allowance Elective Share Opt-In Community Property Learning about widow's rights in Alaska is a key fi…

• When Does a Medicaid Recovery Claim Arise Under Alaskan Law?

  Alaska · 2024-01-03

  Medicaid is a joint state and federal program to provide medical services to needy individuals. The federal government pays most of the costs, with the states picking up the rest. The federal government sets forth most of the rules for runn…

• Who Are Next Of Kin In Alaska?

  Alaska · 2020-11-06

  The term “next of kin” in Alaska is often used synonymously with the term “heirs at law” for purposes of intestate succession, i.e., when someone dies without a valid will. Next of kin heirs in Alaska are: Surviving spouse Descendants Paren…

• How Do You Make a Valid Will In Arizona?

  Arizona · 2021-01-07

  To make a valid will under Arizona law, the will must be: In writing; Signed by the testator; Signed by at least two witnesses.   The requirements to make a valid will in Arizona are found at A.R.S § 14-2502 . Who Can Make a Valid Will…

• How Do You Revoke a Will In Arizona?

  Arizona · 2022-05-30

  There are two general ways to revoke a valid will under Arizona law : Perform a revocatory act with the purpose of revoking all or part of the will Create a new will that expressly states it revokes the prior will or contradicts the prior w…

• In Terrorem Clause Upheld in Arizona

  Arizona · 2020-06-19

  Many states, including Arizona, recognize in terrorem clauses in wills and trusts. An in terrorem clause will typically state that if anyone challenges a document, his or her bequest under the document is forfeited. Of course, if someone wi…

• Surviving Spouse Rights Arizona

  Arizona · 2019-10-17

  Surviving spouse rights in Arizona are set forth by Arizona's Trusts and Estates Code and include: Community Property Intestate Share Homestead allowance Exempt Property Family Allowance   Arizona is a community property state. All ass…

• Trust Decanting in Arizona

  Arizona · 2020-06-18

  Trust "decanting" is a process whereby the assets of one trust are decanted into another trust. Decanting can be used to fix problems with the first trust or even to change the trust's directives. Arizona, like many states, has enacted a tr…

• Who Are Next Of Kin In Arizona?

  Arizona · 2020-07-24

  Under Arizona law, the term “next of kin” is generally used interchangeably with “heirs at law” for purposes of who inherits from a decedent’s estate when the decedent dies intestate (without a will). Next of kin heirs at law in Arizona are…

• Who Can Serve As Personal Representative Of an Arizona Estate?

  Arizona · 2021-11-30

  The basic requirements for serving as a personal representative of an Arizona estate are that the personal representative is: At least 18 years old; and, Of sound mind. AZ Rev. Stat. § 14-3203 . Who Cannot Serve as Personal Representative O…

• Who Decides Whether to Cremate Someone Under Arizona Law?

  Arizona · 2020-06-18

  A 2020 case from Arizona addresses how the decision whether to cremate someone can be made under Arizona law. The case of In Re Remains of Ghostley , 458 P.3d 116 (Ariz. Ct. App. 2020) involved a dispute between Mr. Ghostley's mother and fa…

• Arkansas Supreme Court Allows Estate Creditor to Directly Pursue Alleged Fraudulent Transferee

  Arkansas · 2020-01-23

  A fraudulent transfer is a transfer of assets to another for the purpose of defeating the claim of a creditor. In the recent case of Heritage Props. v. Walt & Lee Keenihan Foundation, 2019 Ark. 371 , 2019 Ark. LEXIS 362 (Ark. 2019), the…

• How Do You Make a Valid Will In Arkansas?

  Arkansas · 2021-03-25

  In order to make a valid will under Arkansas law, the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   The requirements to make a valid will under Arkansas law are found at Ark. Code § 28-25-10…

• Surviving Spouse Rights Arkansas

  Arkansas · 2019-10-17

  Arkansas surviving spouses have many rights (also known as widow's rights) afforded to them under Arkansas law, including: Intestate Share Homestead Rights Statutory Allowance Elective Share The State of Arkansas sets forth these surviving …

• Who Are Next of Kin In Arkansas?

  Arkansas · 2020-10-08

  Arkansas next of kin for intestate inheritance purposes (when someone dies without a will) are: Surviving spouse Children Parents Siblings Although the term “next of kin” in Arkansas is construed to mean the closest blood relatives, for pur…

• 10 Duties of a Personal Representative in California Probate

  California · 2019-09-26

  What are the duties of a personal representative in California probate? A personal representative has many duties in a California probate . A personal representative is a fiduciary tasked with administering the estate and must administer th…

• 2020 California Case Roundup

  California · 2021-01-23

  Barefoot v. Jennings : The California Supreme Court decides that individuals who claim that trust amendments eliminating their beneficiary status arose from incompetence, undue influence, or fraud have standing to bring a challenge. Califor…

• A California Trust Deed, a Power Of Sale, and Community Property

  California · 2020-12-23

  The Second Appellate District of California, in Trenk v. Soheili , affirmed the judgment of the trial court quieting title in property that was the subject of a trust deed, finding that even though the statute of limitations had not run, th…

• Alleged Delusions Did Not Invalidate Trust In Favor Of St. Jude’s For Lack Of Testamentary Capacity

  California · 2021-03-22

  In Eyford v. Nord , a March 2021 opinion, the California Court of Appeal, First Appellate District, affirmed a California probate court’s judgment denying a petition filed by two granddaughters to invalidate their grandmother’s trust on the…

• Ancillary Probate in California

  California · 2020-03-27

  Ancillary probate is a secondary or “extra” probate that occurs when a non-resident of California dies owning property within California. “Ancillary administration” means proceedings in California for administration of the estate of a nondo…

• Are Handwritten Wills Valid In California?

  California · 2020-03-25

  Yes, handwritten or “holographic” wills are valid in California. What Is A Holographic Will? A holographic will is a will written in the testator’s handwriting and signed by the testator. California’s holographic will statute, section 6111 …

• Are Oral Promises Enforceable Against an Estate in California?

  California · 2023-12-22

  In Spears v. Spears , A164622 (1st App. 2023), the Court of Appeals of the State of California reviewed a trial court’s dismissal of a creditor’s claim against the trustee of a testamentary trust. In the decision, filed December 19, 2023, t…

• Assets of Spendthrift Trust May Be Reached For Payment of Attorneys Fees and Costs In California Marital Dissolution Proceedings

  California · 2021-06-08

  In In Re the Marriage of Elizabeth Anne Wendt and William Nicholas Pullen , the California appellate court, Third District, addressed the intersection of family law and probate and trust law, holding that an award of attorney fees from a sp…

• Beneficiary’s Estate Has Standing To Demand an Accounting In California Trust Dispute

  California · 2021-05-14

  In Dunlap v. Mayer , a California appellate court addressed the standing of a deceased beneficiary's estate to demand an accounting of a trust that decedent was a beneficiary of during her life. The Facts of Dunlap v. Mayer Josephine and Er…

• Black Panther Star Chadwick Boseman Died Without A Will

  California · 2020-10-16

  Chadwick Boseman, star of Black Panther, died on August 28, 2020 without a will. Recent reporting (see here and here ) is that Boseman’s widow has filed for probate of his intestate estate in Los Angeles County, California. The estimated va…

• California Appeals Court: Charities Who Ignored Notices Forfeited Rights As Potential Beneficiaries of Trust

  California · 2021-02-01

  In Breslin v. Breslin , a California appeals court considered whether potential beneficiaries of a trust who received notice that the trust litigation was going to mediation, but did not participate in the mediation, were bound by the resul…

• California Appeals Court: Deceased Husband's Sperm Has No Value If It Cannot Actually Be Used

  California · 2020-05-11

  In a May 1, 2020 opinion, the California Court of Appeal, Second District, affirmed a trial court’s judgment sustaining demurrers to a surviving spouse's causes of action relating to her ability to posthumously use her deceased husband’s sp…

• California Appeals Court Offers Textbook Example Of How a Fiduciary Should Not Proceed

  California · 2021-08-16

  In Friend v. Farrant , an August 2, 2021 opinion from the California Second Appellate District, the appellate court issued a cautionary opinion about how a fiduciary should not proceed when acting as a fiduciary and conducting themselves in…

• California Appeals Court Upholds Double Damages In Elder Financial Abuse Case

  California · 2021-02-23

  In Keading v. Keading , the California Appeals Court, First District, addressed three consolidated appeals involving elder financial abuse, and, in the published portion of the opinion, held that substantial evidence supported the trial cou…

• California Court Of Appeals Reverses Dismissal Of Fraudulent Transfer Action

  California · 2021-01-06

  In Aghaian v. Minassian , the California Court of Appeal, Second District analyzed whether plaintiffs sufficiently alleged claims involving fraudulent transfer of assets under California law, and ultimately reversed the trial court’s judgme…

• California Court Upholds Elder Abuse Restraining Order Except Firearms Prohibition

  California · 2022-03-14

  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 an elder abuse restraining order which restrained a stepdaughter from engagi…

• California Executors' Access To A Decedent's Digital Assets

  California · 2020-05-19

  California’s Revised Uniform Fiduciary Access to Digital Assets Act allows a California testator to give an executor, administrator, trustee, or other fiduciary authority over his or her digital assets upon the testator’s death or incapacit…

• California Homestead Exemption Law Update 2021

  California · 2021-01-14

  As of January 1, 2021, the homestead exemption for California homeowners has increased from $75,000, $100,000, or $175,000 to the greater of $300,000 or $600,000, depending on certain factors. Amended 2021 California Homestead Exemption – S…

• California Medicaid Medi-Cal Benefits Must Be Paid From Revocable Trust Prior To Distribution To Trust Beneficiaries

  California · 2022-01-17

  In Riverside County Public Guardian v. Snukst , a January 10, 2022 opinion, the California appellate court gave an overview of the obligations of a decedent’s estate or trust to pay back Medicaid Medi-Cal benefits. The Facts Of Riverside Co…

• California Probate Lawyer

  California · 2020-01-25

  California Probate Lawyer California Probate Basics Payment of Creditors, Expenses And Beneficiaries California Spousal and Family Rights Deadlines and Timelines in California Probate Common Terms Under The California Probate Code Inventory…

• California Statutory Trust Revocation Available Unless Trust Explicitly Provides Exclusive Method

  California · 2020-07-06

  A revocable trust can be revoked pursuant to a statutory method set forth by section 15401 of the California Probate Code unless the trust document explicitly provides the exclusive method to revoke the trust. In Cundall v. Mitchell Clyde ,…

• California Successor In Interest Affidavit Not A Prerequisite To Filing Suit

  California · 2021-06-29

  In Aghaian v. Shahen Minassian , the California Appellate Court, Second District, affirmed a $34 million judgment and discussed the timing of filing successor in interest affidavits to pursue litigation as a successor in interest in Califor…

• California Supreme Court: Clear and Convincing Standard Of Proof Does Not Disappear On Appeal In Conservatorship Case

  California · 2020-07-28

  In a July 27, 2020 opinion, Conservatorship of O.B. , the California Supreme Court reversed a decision implementing a conservatorship, holding that an appellate court must account for the clear and convincing evidence standard of proof when…

• California’s Elder Abuse Act: Attorney's Fees Mandatory Upon Finding Of Financial Abuse

  California · 2020-05-22

  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 which encourage private, civil enforcement of laws against elder a…

• Can A Beneficiary Witness A Will In California?

  California · 2020-01-16

  Yes. A beneficiary can witness a will in California, BUT doing so is more trouble than it's worth. How Many Witnesses Are Required for a Valid California Will? In California, two witnesses must sign the will, along with the testator. The wi…

• Can A Power of Appointment Be Used To Transfer All Assets Out Of A California Trust?

  California · 2020-04-08

  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 the trust permit. In the April 2020 opinion in Tubbs v. Berkowitz , a California surviving spouse used a gener…

• Can A Remainder Beneficiary Sue A Trustee In California: Estate of Giraldin

  California · 2019-09-25

  California courts have gone back and forth as to whether a remainder beneficiary can sue a trustee in California for breach of a fiduciary duty after the settlor’s death. The California Supreme Court settled the question in In Re Estate of …

• Can A Will Defeat A Joint Survivorship Account?

  California · 2020-02-18

  In Placencia v. Strazicich , a California appellate court ruled that a decedent’s will can defeat the presumption of a right of survivorship to a joint tenancy account. The Facts of Placencia v. Strazicich Decedent, Ralph Placencia, held a …

• Can I Appeal a California Probate Court Decision?

  California · 2019-12-06

  Yes, you can appeal a California probate court decision. What kind of California probate court decisions can be appealed? General Probate Orders California Probate Codes section 1300 governs appealable orders in probate generally and permit…

• Can I Leave Assets To My Pet In California?

  California · 2019-11-24

  California pet owners and animal lovers frequently ask: Can I leave assets to my pet so that my pet can be taken care of after I pass away? The answer is no, you cannot leave assets to your pet. But, you can definitely provide for your pet’…

• Can You Administer The Estate Of a Missing Person In California?

  California · 2020-11-03

  Yes. California has a process allowing interested persons to probate the estate of a missing person when they are presumed dead. When Is A Missing Person Presumed Dead In California? California Evidence Code § 667 provides that a person who…

• Can You Amend A Trust With A Post-It Note?

  California · 2020-04-10

  In Pena v. Dey , the court was tasked to determine whether the settlor and trustee of a California revocable trust validly amended the trust when he made handwritten interlineations to the First Amendment to the trust, adding a beneficiary,…

• Can you Challenge Joint Account Titling in California After Death?

  California · 2023-12-27

  Aging parents often add an adult child to joint accounts to make it easier from them to help manage assets or pay bills. However, this well-intentioned step can lead to unintended consequences in California when the parent passes away. In s…

• California Targets Caregivers Who Marry A Dependent Adult

  California · 2019-10-17

  Caregivers of a dependent adult hold a position of trust. However, a scheming caregiver may view a dependent adult as an easy target. The California legislature has cracked down on exploitive caregivers who marry a dependent adult. Californ…

• Common Terms Under The California Probate Code

  California · 2020-03-18

  Probate law can be confusing, and many of the terms used by California probate practitioners are unfamiliar to a layperson. The California probate code defines over 65 terms under sections 20-88 of the California Probate Code . Some of the …

• Creditor Claims In California Probate

  California · 2020-03-23

  California probate creditor claims can be a technical trap for the unwary. With notice requirements and strict deadlines and timelines in California probate , knowing who is entitled to notice, and when claims have to be filed is incredibly…

• Deadlines and Timelines in California Probate

  California · 2020-02-10

  What Are The Deadlines and Timelines In California Probate? Key deadlines and timelines in California probate include: Contesting appointment of personal representative: at or before hearing (by filing written objections) Response to will c…

• Decedent’s Children From Prior Marriage Held To Have Intentionally Interfered With Spouse’s Expected Inheritance Under California Law

  California · 2020-09-23

  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 decedent's children by a prior marriage intentionally interfered with the expected inheritan…

• Decedent’s Children Hit a Wall In California Probate Court: Undue Influence Presumption Applied To Declare Home Community Property

  California · 2021-09-01

  In Estate of Wall , the California Court Of Appeal, Third Appellate District, analyzed the intersection of the Family Code and Evidence Code in a probate dispute involving community property, affirming a judgment applying the Evidence Code …

• Double Damages In California Probate Litigation

  California · 2020-03-18

  California law allows for double damages in some probate litigation matters. In the March 2020 case of Estate of Ashlock , the California Fifth Appellate District issued an opinion certified for partial publication that clarified what “doub…

• Due Process In California Probate Proceedings

  California · 2020-02-25

  In a February 2020 opinion, Roth v. Jelley , a California appellate court determined that appellant’s due process rights were violated when he received no notice and no opportunity to be heard with respect to a California probate judgment t…

• Effect of Divorce or Termination of Domestic Partnership on California Estate Plan

  California · 2020-02-14

  After a divorce or a termination of domestic partnership in California, the parties involved often forget or fail to amend their estate plans to reflect the legal end of the relationship. While it is a good idea to update your estate planni…

• Electronic Wills In California

  California · 2020-04-01

  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 in writing, signed by the testator, and witnessed by two witnesses. Ca…

• Family Allowance In California Probate

  California · 2020-02-21

  A family allowance is one of the rights granted to certain family members during a California probate . What is a Family Allowance In California Probate? A family allowance is a court-authorized amount payable to certain of a California dec…

• Final Distribution and Discharge In California Probate

  California · 2020-03-11

  When the administration of a California probate is complete, the last task for an administrator or personal representative is to petition for final distribution and obtain discharge. What Is An Order for Final Distribution in California Pro…

• Financial Elder Abuse Claim Brought In Individual Capacity For Actions Taken As Personal Representative Survives In California Appellate Court

  California · 2021-12-20

  Can a person who is both personal representative of a California probate estate and a beneficiary of that estate maintain in her individual capacity a claim for financial elder abuse (or any other claims) based on allegations that she was m…

• Foreign Language Wills In California Probate

  California · 2020-04-02

  A will written in a foreign language can be admitted to probate in California . Certain rules and procedures must be followed. What Happens When A California Decedent Dies With A Will Written In A Foreign Language? Pursuant to California Pr…

• General Disinheritance Clause Defeats Omitted Child Claim Under California Probate Code

  California · 2020-08-06

  Hugh O’Brian, an actor best known for his role as Wyatt Earp in the 1950’s ABC Western television series, The Life and Legend of Wyatt Earp , died in September 2016. In Rallo v. O'Brian , an August 3, 2020 opinion from the Court of Appeal o…

• Grounds To Remove A Personal Representative In California Probate

  California · 2020-02-11

  Ideally a personal representative acts like a responsible fiduciary and efficiently and ethically administers the estate. If a California personal representative does not meet their fiduciary obligations, however, there are several grounds …

• Guide to Fees and Costs In California Probate

  California · 2020-03-31

  At the beginning of most California probate matters, a common question is how much is it all going to cost, and who pays for it. Use this guide as an overview of the usual fees and costs in a California probate. What Fees are Paid To A Cali…

• Heir Hunter Fee Agreement Violates Public Policy As Illegal Practice Of Law

  California · 2019-09-20

  In Estate of Molino , a California appeals court ruled that an heir hunter fee agreement authorizing the heir hunter to select and pay for an attorney for beneficiaries was void as against public policy, because the agreement contained an e…

• Heirship Petitions in California Probate

  California · 2020-03-05

  A 2019 case from California’s Fourth Appellate District, Estate of Herzog , analyzed an heirship petition proceeding in a California probate case where the evidence of heirship was not sufficient. What is An Heirship Petition in California …

• How Do You Revoke A Will In California?

  California · 2020-05-21

  There are two ways to revoke a will under California law. Pursuant to California Probate Code §6120 , a will can be revoked by: A subsequent will which revokes the prior will or part expressly or by inconsistency. Being burned, torn, cancel…

• How Do You Speed Up Probate In California?

  California · 2021-10-06

  There are several ways to speed up the probate administration process in California, including taking advantage of simplified procedures, responding timely to notices from the Court, and avoiding litigation. How Long Does the Average Probat…

• How to Contest a Will in California

  California · 2019-10-26

  What Grounds Do You Need to Contest a Will in California? A will can be contested in a California probate proceeding on the grounds of: Lack of proper execution formalities; Lack of testamentary capacity Undue influence Fraud Duress Mistake…

• How To Reopen Probate In California

  California · 2020-02-18

  In certain situations you can reopen a California probate by petitioning for subsequent administration. How Do I Reopen Probate in California? To reopen a California probate, one can file either: A Petition for Subsequent Administration und…

• How To Win A Will Contest In California

  California · 2019-11-15

  Before you bring a will contest in California, you should know how to win a will contest in California. Although every case is different and depends on the unique facts and circumstances, there are common rules of thumb and steps to take in…

• Inheritance Rights of Adopted Children in California

  California · 2019-12-04

  Inheritance rights of adopted children in California are the same as biological children. The adoptive parent and the adopted child have a legal parent and child relationship. What Inheritance Rights Exist When There Is No Will? A legal par…

• Intentional Interference With The Expectancy of Inheritance in California

  California · 2019-12-23

  What is Intentional Interference with the Expectancy of Inheritance? In California, intentional interference with expectancy of inheritance is a cause of action available when there is no adequate probate remedy. Intentional interference wi…

• Inventory And Appraisal In California Probate

  California · 2020-02-24

  An inventory and appraisal is a required filing in California probate . The inventory and appraisal is a single document that (1) inventories the property in the decedent’s estate and (2) contains an appraisal of the property in the invento…

• Is a Probate Advance Legal in California?

  California · 2026-03-27

  California regulates many professional purchases of beneficial interests under Probate Code § 11604.5, with an exemption for certain DFPI-regulated financing transactions. Heirs should verify filing duties, fee disclosures, and prohibited contract terms—not rely on generic nationwide claims.

• Is A Surviving Spouse Liable For A Deceased Spouse's Debts Under California Law?

  California · 2020-09-04

  After the loss of a spouse, the stress of dealing with the deceased spouse’s debts is the last thing that a California surviving spouse wants to deal with. The estate of a California decedent is generally liable for decedent’s debts. But wh…

• Is Insurance Churning Elder Abuse?

  California · 2020-02-13

  A recent case from California holds that insurance churning can be a form of elder abuse. What is Elder Abuse in California? The California Elder Abuse Act covers physical and mental abuse, neglect, financial abuse, abandonment, isolation, …

• Joint Personal Representatives In California Probate

  California · 2020-02-27

  Sometimes when a California testator executes a will they nominate two or more people to serve as joint personal representatives of their probate estate. This is often done because a testator does not want one person making all of the decis…

• Legal Mental Capacity For California Wills And Trusts

  California · 2020-05-26

  California has several different mental capacity standards that apply depending on the situation – there are different standards for issues concerning contracts, marriage, medical decisions, and testamentary documents. Mental capacity for t…

• Lifetime Transfers Considered An Advance On Inheritance

  California · 2020-01-08

  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 advance on any inheritance. All of the conditions require a writing. In Sachs v. Sachs , …

• LPS Conservatees Have The Right Not To Testify Against Themselves In California Conservatorship Proceedings

  California · 2020-06-26

  A person who is gravely disabled as a result of a mental health disorder can become the subject of a conservatorship under California’s Lanterman-Petris-Short Act (“LPS Act”). In the May 2020 opinion of Conservatorship of J.Y. , the Court o…

• Michael Jackson Estate Scores Big Tax Court Victory

  California · 2021-05-16

  In Estate of Jackson v. Comm'r, T.C. Memo. 2021-48 , the Tax Court held that the value of the image and likeness of Michael Jackson was $4,153,912, as opposed to the $161,307,045 asserted by the IRS in court, and as compared to the IRS's or…

• Millionaire Steve Bing’s Estate At Center Of Paternity and Disinheritance Dispute In California Probate Court

  California · 2020-09-15

  Steve Bing, a wealthy Hollywood movie investor, committed suicide earlier this year in Los Angeles. Now, the Daily Mail reports that issues of paternity and a possible challenge to the disinheritance of any children are brewing in Californi…

• Modifying a Revocable Trust in California: What does “Provides Otherwise” Really Mean?

  California · 2024-02-20

  On February 8, 2024, the California Supreme Court released its decision in Haggerty v. Thornton (CA 2024) S271483, addressing the methods for modifying a revocable trust. General Rule: a California trust can be modified the same way it can …

• No Attorney Fees In a California Conservatorship Proceeding Without Appointment Of Conservator

  California · 2021-03-29

  In Brokken v. Brokken , the California Court of Appeals reversed an award of attorney fees incurred in a conservatorship proceeding where no conservator was ever appointed, finding that no statutory authorization exists for the award of att…

• No Contest Clauses In California Expand To Defense of Invalid Trust

  California · 2019-12-13

  In Key v. Tyler , 34 Cal. App. 5th 505 (2019), a California appellate court held that a trustee’s defense of an invalid trust amendment, if made without probable cause, can activate a no contest clause and result in disinheritance. This hur…

• No Excuse for Noncompliance: No Specific Reference To Trust’s Power Of Appointment Results In Invalid Gift Under Holographic Will in California

  California · 2020-05-20

  In the Estate of Eimers , the California Court of Appeal, Second District, answered the question: Where a trust beneficiary creates a will that gives away his trust shares without also specifically referring to the power of appointment as r…

• Omitted Spouses and Children In California

  California · 2020-06-17

  Omitted (otherwise known as pretermitted) spouses and children in California are those who marry the decedent (spouse) or are born (children) after the execution of all the decedent’s testamentary instruments and are not provided for in the…

• Partition In California Probate

  California · 2020-02-12

  Partition in California is an action used to divide property among its owners. Partition actions often arise in the context of a California probate , where beneficiaries inherit interests in a decedent’s property, but do not want to continu…

• Personal Jurisdiction In A California Trust Dispute: You Can’t Have It Both Ways

  California · 2020-08-18

  In Van Buskirk v. Van Buskirk , the Court of Appeal of California, Second District, considered the issue of personal jurisdiction in a California trust dispute in a case where Respondents had frequently availed themselves of the California …

• Premarital Agreement Waives Surviving Spouse Rights In California

  California · 2022-05-09

  In Estate of Eskra , a May 3, 2022 opinion, the California Appellate Court, First Appellate District, determined that a surviving spouse waived spousal rights upon the death of her husband in a premarital agreement, and that the failure to …

• What is Probate in California?

  California · 2019-11-12

  Probate in California is a legal proceeding used to distribute a decedent’s assets. The California probate process is also used to pay decedent’s debts. The court overseeing the probate makes sure that the decedent’s assets are distributed …

• Reformation of a Will in California

  California · 2019-12-02

  Can you reform a will in California? Yes. Reformation of a will in California is permitted, even if the will is unambiguous, if there is a clear expression of decedent’s intent supporting reformation at the time the will was drafted. The Ca…

• Small Estates In California: 2020 Update

  California · 2020-02-05

  A simplified procedure is available under California probate law to settle estates with assets that do not surpass a certain threshold, making it a “small estate.” In a small estate, you can use an affidavit to transfer decedent’s assets, a…

• Spousal Undue Influence In California

  California · 2020-04-13

  Undue influence is a common ground to challenge a will or trust. California law has made an undue influence challenge against a spouse just a little tougher for a will challenger with California Probate Code 21385, effective January 1, 2020…

• Spring 2021 California Case Roundup

  California · 2021-03-23

  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 blanket immunity for actions taken as guardian, because fraudulent con…

• Standing To Challenge A Trust: The California Supreme Court Decides

  California · 2020-01-24

  The California Supreme Court, in the January 23, 2020 opinion of Barefoot v. Jennings , held that the California Probate Code grants standing in probate court to individuals who claim that trust amendments eliminating their beneficiary stat…

• Statute of Limitations For California Creditor Claims

  California · 2020-03-26

  Filing a creditor claim on time in California is critically important. The timely filing of a creditor claim tolls the one-year statute of limitations to bring claims against a decedent, and the creditor then has 90 days to file suit after …

• Substantial Benefit Doctrine As A Basis For Fees In California Probate

  California · 2020-04-20

  The substantial benefit doctrine permits a California probate court to award attorney’s fees to a party if the party’s efforts in the litigation result in a substantial benefit to other parties. The benefits do not have to be pecuniary. The…

• Substantial Evidence Required In California LPS Conservatorships

  California · 2020-12-07

  In Conservatorship Of the Person Of S.A. , the California Appeals Court, Second Appellate District, considered an appeal of an order reappointing a conservator under the Lanterman-Petris-Short Act (LPS Act), and whether or not substantial e…

• Surviving Spouse Rights California

  California · 2019-08-26

  California law affords certain rights and benefits to surviving spouses (sometimes called widow's rights) including: Community Property Intestate Share Pretermitted Spouse Rights In order to preserve all widow's rights and benefits granted …

• The Mysteries of the Britney Spears Conservatorship

  California · 2021-02-18

  Much has been written about the Britney Spears conservatorship, and most is pure speculation. Here we clarify a few points from a legal perspective and answer some common questions. What is a conservatorship in California? A conservatorship…

• The Power of Revocation Includes the Power of Modification Under California Law – Unless the Trust Provides Otherwise

  California · 2021-09-22

  In Haggerty v. Thornton , a September 16, 2021 opinion from the California Fourth District Court of Appeal, Division One, the court affirmed a probate order finding that a 2018, unnotarized document was a valid modification of a trust under…

• Transfer of Trust Real Property In California: Equitable Title Controls For Property Tax Purposes

  California · 2021-01-26

  In Bohnett v. County of Santa Barbara , the California Court of Appeals, Second District, Division Six, considered whether the purchase of real property by a trust beneficiary from his siblings and co-beneficiaries was a parent-child transf…

• Trust Protector Not Entitled to Accountings in California

  California · 2020-02-05

  A recent California appellate decision sets forth some limitations on the powers and duties of a trust protector, determining that a trust protector is not entitled to an accounting. What is a Trust Protector? A trust protector is a person …

• Waiver of Spousal Rights In California Probate

  California · 2020-10-09

  Spouses in California can enter into contractual arrangements relating to their rights at death, i.e. a waiver of spousal rights in California probate. The California Probate Code provides that a surviving spouse can waive, in whole or part…

• What Are The Requirements For A Valid Will In California?

  California · 2020-09-10

  A will is a document that directs what happens with the property that you own when you die – you can learn more about what a will can do here . The requirements to make a will that is valid under California law are: The will must be in writ…

• What Constitutes Undue Influence In California?

  California · 2019-10-29

  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 person to act or refrain from acting by overcoming that person…

• What Happens When A Beneficiary Of A California Estate Dies?

  California · 2020-06-02

  When a beneficiary of an estate dies, California law addresses what happens to their portion of the decedent’s estate. If a beneficiary dies after the testator, sections 11801 and 11802 of the California Probate Code apply. If a beneficiary…

• What Happens When the Defendant in a Civil Lawsuit in California Dies?

  California · 2024-01-22

  Anyone who has been involved in a lawsuit quickly learns that nothing happens quickly! Litigation often last years. What happens if you are a plaintiff in a California lawsuit, and a defendant dies? Do you lose your chance to recover from t…

• What Is A California Statutory Will?

  California · 2020-04-17

  A California statutory will is a form created by the California legislature that Californians can fill in, date, and have witnessed by two witnesses, to control the disposition of their assets upon their death. The California statutory will…

• What is a Conservatorship in California?

  California · 2023-12-27

  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 incapacity, or other reasons. In these cases, another adult can be legally appointed as a temporary or p…

• What Is A Heggstad Petition In California Probate?

  California · 2020-04-28

  A Heggstad petition in California probate is used when real property was not transferred into a trust before decedent’s death, but should have been. The Heggstad petition allow the property to be transferred directly into the trust, instead…

• What is a Notice of Proposed Action Under California Law?

  California · 2023-12-28

  What is a Notice of Proposed Action under California Law? A Notice of Proposed Action is sent by a California trustee or personal representative who wants to take some action that may affect the rights of beneficiaries. The Notice of Propos…

• What Is A Probate Referee In California Probate?

  California · 2020-03-31

  A probate referee in a California probate is someone appointed by the court to appraise or value a decedent’s property. To become a probate referee, you are required to pass an examination administered by the State of California. A probate …

• When Can Trustees Represent Themselves In Court?

  California · 2020-04-07

  Non-attorney trustees in California are permitted to represent themselves in court in California if they are not engaging in the unauthorized practice of law. Division Two of the California Court of Appeals clarified the distinction between…

• Who Are Next of Kin in California?

  California · 2019-12-10

  “Next of kin” in California “simply means those upon whom … the law has conferred the right to inherit the property of one who dies intestate.” Estate of Paterson. In layman's terms, next of kin under California law are generally a decedent…

• Who Can Serve As A Personal Representative In California?

  California · 2020-03-09

  A person named as executor in a decedent’s will in California has the right to appointment as personal representative, unless otherwise disqualified. California Probate Code §8420 . If it appears by the terms of the decedent’s will that the…

• Who Has The Burden of Proof In A California Will Contest?

  California · 2020-06-30

  The burden of proof in a California will contest depends on what grounds are alleged for challenging the will, and can shift during different phases of the trial. The Will Proponent Has The Burden of Proof of Due Execution At the trial, the…

• Who Has The Power To Authorize An Autopsy Under California Law?

  California · 2019-11-25

  Who Can Authorize an Autopsy Under California Law? Under California law, a hierarchy of people of the power to authorize an autopsy as follows: Surviving spouse Surviving child Surviving parent Next of kin California Gov. Code 27520 sets fo…

• Will Reformation and Community Property Rights In California

  California · 2020-02-28

  The February 2020 case of Wilkin v. Nelson addressed reformation of a pour-over will, surviving spouse rights, community property, and California intestacy law. The opinion was initially unpublished, and then certified for partial publicati…

• Colorado Probate Code Updated Cost Of Living Adjustments 2021

  Colorado · 2021-04-12

  The Colorado Department of Revenue has released the 2021 cost of living adjustments of certain dollar amounts under the Colorado Probate Code . The 2021 cost of living adjustments to the Colorado Probate Code increase the intestate share of…

• Colorado Supreme Court: Personal Representative Does Not Have An Absolute Right To Decedent’s Legal Files

  Colorado · 2020-11-12

  The Colorado Supreme Court, in the November 2020 opinion of Freirich v. Rabin , considered the right of a personal representative to access a decedent’s legal files, and the overarching concerns of attorney-client privilege and confidential…

• Federal Interpleader Case Involving Slayer Statute Dismissed in Colorado

  Colorado · 2019-09-20

  Normally, a federal court is required to proceed with a case in which it has jurisdiction. Actions for declaratory relief, however, are treated differently, and the federal court has wide discretion to accept the controversy. Here, a federa…

• How Do You Make a Valid Will In Colorado?

  Colorado · 2021-02-03

  To make a valid will under Colorado law, the will must be: In writing; Signed by the testator; Signed by two witnesses.   The requirements for a valid will in Colorado can be found at Colorado Statutes § 15-11-502. See Colorado Revised…

• Surviving Spouse Rights Colorado

  Colorado · 2019-09-20

  Surviving Spouse rights in Colorado include: Intestate Rights Elective Share Family Allowance Exempt Property Homestead Exemption Surviving Spouse Rights in Colorado If There Is No Will When an individual dies without a will, intestate succ…

• Who Are Next Of Kin In Colorado?

  Colorado · 2020-08-21

  The term “next of kin” in Colorado is generally interpreted to mean those persons entitled to take under the statute of descendant and distribution, otherwise known as “intestate heirs.”  In this context, next of kin in Colorado genera…

• A Per Stirpes Primer From The Connecticut Supreme Court

  Connecticut · 2020-10-20

  In Schwerin v. Ratcliffe , the Connecticut Supreme Court did a deep dive on the application of and rationale behind per stirpes distribution. The Court analyzed the terms of two family trusts and law from Connecticut and other jurisdictions…

• Connecticut Supreme Court Strikes In Terrorem Clause Governing Estate Administration

  Connecticut · 2023-09-29

  Most states have a well-developed rule governing in terrorem clauses, or "no contest" clauses, wherein a beneficiary who attempts to challenge the terms of a will or trust forfeits the inheritance he or she would otherwise receive. Some sta…

• How Do You Make a Valid Will In Connecticut?

  Connecticut · 2021-03-05

  To make a valid will under Connecticut law, the will must be: In writing; Signed by the testator; and, Attested by two witnesses.   The requirements for a valid will in Connecticut are located at CT Gen Stat §45a-251 . Who Can Make a V…

• Surviving Spouse Rights Connecticut

  Connecticut · 2019-09-20

  Surviving spouse rights (also called widow's rights) in Connecticut include: Intestate Share Elective Share Support Allowance Omitted Spouse Rights What Are Surviving Spouse Rights in Connecticut If There Is No Will? When someone dies witho…

• Trustee of Inter Vivos Revocable Trust Has Duty to Collect Trust Assets

  Connecticut · 2023-12-27

  A standard estate plan is the use of a "pour over" will with a revocable trust. The will bequeaths the entirety of the residuary of the probate estate to a trust. The will in this scenario is known as a "pour over" will. Ideally, the trust,…

• Who Are Next Of Kin In Connecticut?

  Connecticut · 2020-07-20

  Next of kin in Connecticut can describe who inherits from an estate when there is no will, known as intestacy. The rules for which next of kin inherit in the absence of a will are based on the total family composition of the deceased. CT Ge…

• Who Can Serve As the Fiduciary Of a Connecticut Estate?

  Connecticut · 2022-06-20

  Who is entitled to serve as the fiduciary of a Connecticut estate depends on whether the decedent died testate (with a will) or intestate (without a will). Who Is Appointed As Fiduciary When Decedent Died With a Will? If the decedent died w…

• How Do You Make a Valid Will In Delaware?

  Delaware · 2021-06-17

  A valid will under Delaware law must be: In writing; Signed by the testator; and, Witnessed and attested by two witnesses.   The requirements to make a valid will under Delaware law can be found at 12 DE Code § 202 . Who Can Make a Val…

• Surviving Spouse Rights Delaware

  Delaware · 2019-09-20

  Surviving spouse rights in Delaware include: Intestate Share (no will) Elective Share Spousal Allowance Surviving Spouse Rights When There Is No Valid Will When a decedent dies without a valid will, they have died intestate. Intestacy means…

• Who Are Next Of Kin In Delaware?

  Delaware · 2020-11-09

  A decedent’s nearest blood relatives and surviving spouse are considered next of kin under Delaware law for the purposes of the laws of descent and distribution when a decedent dies without a valid will. Therefore, next of kin under Delawar…

• Is a Probate Advance Legal in Florida?

  Florida · 2026-03-27

  Florida probate advances are usually analyzed as contracts assigning an expected beneficial interest—not as a single yes/no statute. Circuit court administration, creditor order, and homestead issues determine whether a specific deal is workable.

• Can a Beneficiary Witness a Will In Georgia?

  Georgia · 2020-12-24

  A beneficiary is technically allowed to witness a will in Georgia, but doing so is not a good idea, because it renders the gift void. Gift To Beneficiary Witness Void Unless Two Other Subscribing Witnesses The testamentary gift to a benefic…

• Can You Admit a Copy Of a Will To Probate In Georgia?

  Georgia · 2022-01-04

  Yes, if the original of the will cannot be located, a copy of the will can be admitted to probate under Georgia law. Section 43-4-46 of the Georgia Code states: A presumption of intent to revoke arises if the original of a testator's will c…

• Dealing With Probate Creditor Claims In Georgia

  Georgia · 2021-08-23

  Waiting on the deadline for creditor claims against a Georgia estate is one of the things that makes probate take longer than people think it should. Under Georgia law, creditor claims must be dealt with before an estate can be closed. How …

• Does Divorce Invalidate a Will In Georgia?

  Georgia · 2022-03-26

  No, a divorce does not invalidate an entire valid will in Georgia , but state law does automatically revoke any provisions in favor of the former spouse and treats the former spouse as having predeceased the testator. There are exceptions t…

• Georgia Probate Shortcuts For Small Or Simple Estates

  Georgia · 2021-11-16

  Small and simple estates in Georgia can take advantage of a probate shortcut to make the probate process quicker and easier. Georgia Estate With Less Than $15,000 – Banking Affidavit In Georgia, if you die intestate (without a valid will ) …

• Georgia Supreme Court: Guardian Has Authority To Enter Into Pre-Dispute Arbitration Agreement On Ward’s Behalf

  Georgia · 2021-09-30

  In CL SNF LLC v. Fountain , a September 21, 2021 opinion, the Georgia Supreme Court concluded that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement where the exercise of suc…

• Georgia Supreme Court: In Terrorem Clause Does Not Result In Forfeiture In Successful Will Or Trust Contest

  Georgia · 2022-07-05

  In Slosberg v. Giller , a June 30, 2022 opinion from the Georgia Supreme Court, the Court determined that an in terrorem or no contest clause does not result in forfeiture when the will or trust is invalid. The Facts of Slosberg v. Giller D…

• How Do You Make a Valid Will In Georgia?

  Georgia · 2020-12-15

  In order to make a valid will in Georgia, the testator (the person making the will), must be 14 years of age or older, and must be competent to make a will. The will itself must be: In writing; Signed by the testator; Witnessed by two witne…

• How Do You Revoke a Will In Georgia?

  Georgia · 2021-04-20

  A testator can revoke a will under Georgia law at any time prior to the testator’s death. GA Code § 53-4-40 . A testator can revoke a Georgia will in the following ways: Executing a subsequent will; Executing a subsequent written instrument…

• How Much Does a Personal Representative Get Paid In Georgia?

  Georgia · 2021-04-28

  The amount a personal representative of an estate in Georgia gets paid depends on what the will says, what the beneficiaries agree to, or what Georgia law says. The Terms Of the Will Or a Written Agreement Can Determine What a Georgia Perso…

• How to Contest a Will in Georgia

  Georgia · 2019-09-20

  You can contest a will in a Georgia probate proceeding on a number of grounds. Lack of Proper Formalities To make a valid will in Georgia , a will must be (1) in writing, (2) signed by the testator or by some other individual, (3) in the te…

• Is a Probate Advance Legal in Georgia?

  Georgia · 2026-03-27

  Georgia law treats most inheritance advances as private contracts, while county Probate Courts still control administration timelines. Do not confuse a commercial advance with a statutory year’s support petition.

• Key 2021 Updates To the Georgia Probate Code

  Georgia · 2021-05-03

  2021 welcomed several updates and changes to the Georgia Probate Code and other codes that impact the probate courts. A summary of the key 2021 updates that impact practice in Georgia probate courts are below. Georgia Probate Court Jurisdic…

• No Contest Clauses In Georgia Wills and Trusts

  Georgia · 2022-02-28

  A no contest (in terrorem) clause is designed to discourage litigation by disgruntled beneficiaries, but can often generate litigation, as occurred in In re Estate of Johnson , a 2019 case from the Georgia Court of Appeals. What Exactly Is …

• Surviving Spouse Rights Georgia

  Georgia · 2019-08-26

  Surviving spouses have important rights granted to them under Georgia law, including: Intestate Share Pretermitted Spouse Rights Support Allowance Surviving spouse rights in Georgia are sometimes not automatic unless time-sensitive deadline…

• Undue Influence In Georgia Will Contests

  Georgia · 2021-10-28

  A Georgia will must be freely and voluntarily executed and is invalid if it was procured by undue influence. Undue influence is one of the most common grounds to contest a will under Georgia law . Section 53-4-12 of the Georgia Code states:…

• Virtual Adoption Not Undone By Developing Relationship With Natural Father

  Georgia · 2019-08-26

  The Georgia Supreme Court, in Sanders v. Riley, Ga. LEXIS 179 (Ga. March 16, 2015) , held that once a child has been virtually adopted in Georgia by an adopted father, the subsequent relation between the adopted child and the natural father…

• What Does It Mean To Have Testamentary Capacity In Georgia?

  Georgia · 2021-05-06

  Georgia law says that testamentary capacity exists “when the testator has a decided and rational desire as to the disposition of property.” GA Code § 53-4-11 . The elements of testamentary capacity in Georgia are that a testator must: Under…

• What Is a Petition For Year’s Support In Georgia Probate?

  Georgia · 2022-06-15

  A petition for Year’s Support in Georgia probate can be filed by or on behalf of a surviving spouse or minor children. The petition asks the probate court to set aside an award of an amount to support the spouse and/or minor children for 12…

• Who Are Next Of Kin In Georgia?

  Georgia · 2020-07-09

  The Georgia Supreme Court has defined “next of kin” as “those interested as distributees of the estate.” McClinton v. Sullivan , 263 Ga. 711 (1994). Who qualifies as next of kin under Georgia law depends on the survivors of the decedent. Ge…

• Who Can Serve As a Personal Representative In Georgia?

  Georgia · 2021-09-02

  The basic requirements for serving as a personal representative in Georgia probate is that the personal representative must be: At least 18 years old, and Of sound mind   These basic requirements to serve as a personal representative i…

• Hawaii Supreme Court: Terms Of Trust Do Not Override The Law

  Hawaii · 2020-06-26

  The June 2020 Hawaii Supreme Court case of In re Elaine Emma Short Revocable Living Trust Agreement had a complicated fact pattern with clear takeaways: make sure there are findings of fact in any order entered in a contested probate procee…

• How Do You Make a Valid Will In Hawaii?

  Hawaii · 2021-05-05

  To create a valid will under Hawaii law, the will must be: In writing; Signed by the testator; Signed and witnessed by two witnesses.   The requirements for the execution of a valid will are found at Hawaii Revised Statutes § 560:2-502…

• Surviving Spouse Rights Hawaii

  Hawaii · 2019-09-23

  Hawaii law provides surviving spouses with rights, including: Intestate Share Homestead Allowance Exempt Property Maintenance Allowance Elective Share What Are A Surviving Spouse's Rights in Hawaii When There Is No Valid Will? When a decede…

• Who Are Next Of Kin In Hawaii?

  Hawaii · 2020-11-04

  In Hawaii, “next of kin” for purposes of intestate succession (when someone dies without a will) generally include the closest relatives of the decedent, specifically the: Surviving spouse Children Parents Siblings Grandparents A person’s s…

• How Do You Make a Valid Will In Idaho?

  Idaho · 2021-04-30

  To make a valid will under Idaho law the will must be: In writing; Signed by the testator or in the testator’s name; and Signed by two witnesses.   The requirements to make a valid will under Idaho law are set forth in Idaho Code § 15-…

• Idaho Elective Share Statutes Apply To Quasi-Community Property

  Idaho · 2020-03-27

  The elective share statutes can only be used to recover quasi-community property under Idaho law, as opposed to community property. To recover community property, a common law remedy is available for Idaho surviving spouses . The mechanics …

• Idaho Supreme Court: Mom Owed Son Fiduciary Duties Under Trust Agreement

  Idaho · 2020-07-22

  In Ferguson v. Ferguson , a July 2020 opinion from the Idaho Supreme Court, the Court addressed the fiduciary duties of a trustee who has discretion to spend the trust’s principal, the scope of records available to a trust beneficiary, and …

• Surviving Spouse Rights Idaho

  Idaho · 2019-09-23

  Idaho law provides a surviving spouse with many important widow's rights and benefits, including: Intestate share Community Property Homestead allowance Elective Share (sometimes) Does a Surviving Spouse Have Rights in Idaho When There Is N…

• Who Are Next Of Kin In Idaho?

  Idaho · 2020-10-30

  The terms “next of kin” and “heirs” are used synonymously in Idaho intestate succession law to mean “those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.” …

• Are No Contest Clauses Enforceable In Illinois?

  Illinois · 2021-06-09

  Yes, no contest clauses are enforceable in Illinois. This means that if a beneficiary brings an unsuccessful will contest, the beneficiary might forfeit their inheritance under the will or receive only a nominal inheritance. However, an exc…

• Can A Beneficiary Witness A Will In Illinois?

  Illinois · 2020-06-09

  Yes, a beneficiary of a will is permitted to serve as a witness to the will under Illinois law, but will only get their bequest if they are a “supernumerary” or “extra” witness. Illinois law requires at least two credible witnesses who are …

• Can One of Many Trustees Sue on Behalf of a Trust?

  Illinois · 2020-02-10

  In trusts that have more than one trustee, the rules for governance must be determined by the trust instrument and the governing state law. A recent case from the Seventh Circuit explains how this works. A issue was whether one trustee can …

• Can You Admit a Lost Will To Probate In Illinois?

  Illinois · 2021-04-19

  Yes, a lost will can be admitted to probate under Illinois law. What Is a Lost Will? A lost will is an original will that cannot be found. Therefore, if you have found only a copy of the decedent’s will, the will is lost. If you know that d…

• Can You File Tortious Interference With Expectancy After Dismissing Direct Challenge to Trust In Illinois?

  Illinois · 2020-01-07

  Many states, including Illinois, recognize a fairly new cause of action, called tortious interference with expectancy, also known as tortious interference with an inheritance. Because the cause of action is relatively new, the governing rul…

• Deadlines And Timelines In Illinois Probate

  Illinois · 2020-12-01

  What Are the Deadlines And Timelines In Illinois Probate? Key deadlines and timelines in Illinois probate include: Filing of will: Immediately upon death Will contest : Within 6 months after admission to probate Filing of creditor claim: 3 …

• Fraud And Forgery As Grounds To Invalidate Will In Illinois

  Illinois · 2020-12-29

  Allegations of fraud and forgery often go hand in hand in an Illinois will contest , but are two separate grounds upon which a will can be invalidated under Illinois law. See 755 ILCS 5/6-4. Fraud As Basis For Illinois Will Contest To succe…

• How Do You Make a Valid Will In Illinois?

  Illinois · 2020-12-11

  In order to make a valid will in Illinois: The testator must be at least 18 years old; The testator must be of sound mind and memory; The will must be in writing; The will must be signed by the testator or by some person in his presence and…

• How Do You Revoke a Will In Illinois?

  Illinois · 2020-12-23

  A testator can revoke a will under Illinois law by: Burning, canceling, tearing, or obliterating the will; Executing a new will declaring that the prior will is revoked; Executing a new will that is inconsistent with the prior will; Executi…

• How Long Does Probate Take In Illinois?

  Illinois · 2021-05-12

  Twelve months is how long probate generally takes in Illinois for a formal probate that is straightforward, not complex, and with no fighting. If the Illinois estate has large and complex assets, or litigation, the probate can take years. W…

• How To Contest a Will in Illinois

  Illinois · 2019-09-12

  The grounds to contest a will in Illinois include: Lack of Proper Formalities Undue Influence Lack of Capacity Revocation Fraud Forgery Compulsion Improper Conduct Lack of Proper Formalities To make a valid Illinois will, the will must (1) …

• Illinois Supreme Court: Marriage to Ward Void Without Guardian Consent and Best Interest Determination

  Illinois · 2022-04-28

  In In re Estate of McDonald , an April 21, 2022 opinion, the Illinois Supreme Court held that a ward who wishes to enter into a marriage may do so only with the consent of his guardian, and only after the court finds that the marriage is in…

• Small Estate Affidavits In Illinois

  Illinois · 2021-05-24

  When the total value of an Illinois decedent’s personal estate is less than $100,000, a small estate affidavit can be used to administer decedent’s assets, instead of opening a formal probate. Illinois law governing small estates and small …

• Spouse and Child Award In Illinois Probate

  Illinois · 2020-06-11

  Article XV of the Illinois Probate Act controls awards to the surviving spouse and children of a decedent, otherwise known as allowances. The purpose of these awards is to make sure that the surviving spouse and children are taken care of d…

• Surviving Spouse Rights Illinois

  Illinois · 2019-11-12

  Illinois surviving spouse rights include: Intestate Share Elective Share Family Allowance What Are Surviving Spouse Rights in Illinois When There Is No Valid Will? When an individual dies without a will, they have died intestate. Under Illi…

• Testamentary Capacity In Illinois Will Contests

  Illinois · 2020-12-24

  Lack of testamentary capacity is a common ground for invalidating a will in an Illinois will contest. A testator is required to have capacity to execute a valid will. How Is Testamentary Capacity Defined In Illinois? Testamentary capacity i…

• Tortious Interference With an Expectancy Of Inheritance In Illinois

  Illinois · 2021-01-07

  In certain situations, conduct that can support the invalidity of a will can also be the basis for a cause of action for tortious interference with an expectancy of inheritance under Illinois law. To bring a successful claim for tortious in…

• What Is The Difference Between Independent and Supervised Administration In Illinois?

  Illinois · 2021-06-11

  Probate administration in Illinois comes in two basic types: Independent Administration and Supervised Administration. What Is an Independent Administration In Illinois? An independent administration means that the Illinois probate court wi…

• What Is The Effect of Divorce On Your Illinois Estate Plan?

  Illinois · 2021-03-11

  When you get a divorce, Illinois law treats your ex-spouse as having died before you for purposes of your will and estate plan. Any provisions in favor of your ex-spouse under your will are revoked, including appointment of your ex-spouse a…

• What Order Are Probate Claims Paid In Illinois?

  Illinois · 2021-05-20

  When an Illinois probate estate does not have enough money to pay all of its claims, Illinois law provides an order that the claims must be paid in. When an estate does not have enough money to pay all of the claims it owes, the estate is c…

• Who Are Next of Kin In Illinois?

  Illinois · 2020-06-10

  Who qualifies as a decedent’s next of kin under Illinois law depends on the persons that survive the testator’s death, and generally include: Surviving Spouse Children Parents Siblings The Illinois Probate Act Sets Forth the Next of Kin of …

• Who Can Authorize an Autopsy Under Illinois Law?

  Illinois · 2020-01-28

  Who Can Authorize an Autopsy Under Illinois Law? Under the Illinois Autopsy Act the following persons may authorize an autopsy: The Decedent, with written instructions (before death, obviously); An agent of the Decedent under a Power of Att…

• Who Can Serve As Executor Or Administrator In Illinois Probate?

  Illinois · 2020-12-17

  The required qualifications to serve as an executor or an administrator in an Illinois probate are: 18 years old or older; United States resident; Not of unsound mind; Not a convicted felon; Not under a disability.   The qualifications…

• Who Has Standing To Bring a Will Contest In Illinois?

  Illinois · 2020-12-22

  Standing is required to bring a will contest in Illinois . To have standing, a plaintiff must have a direct, pecuniary, existing interest which would be adversely affected by the probate of the will offered for probate. In re Estate of Keen…

• How Do You Make a Valid Will In Indiana?

  Indiana · 2021-01-20

  To make a valid will under Indiana law the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   Who Can Make a Valid Will Under Indiana Law? Under Indiana law, “any person of sound mind who is eigh…

• Indiana Supreme Court: Probate Code’s Bar Against Restraints On Marriage Does Not Apply To Trusts Or Gifts To Children

  Indiana · 2021-10-12

  In Rotert v. Stiles , an October 8, 2021 decision from the Indiana Supreme Court, the Court held that the Indiana Probate Code’s bar against restraints on marriage does not apply to trusts or gifts to children. The Facts Of Rotert v. Stiles…

• Surviving Spouse Rights Indiana

  Indiana · 2019-09-23

  An Indiana surviving spouse has important rights, including: Intestate Share Spousal Allowance Elective Share A surviving spouse who knows their widow's rights is in a better position to navigate probate. What Rights Does a Surviving Spouse…

• Who Are Next Of Kin In Indiana?

  Indiana · 2020-08-07

  In Indiana, there is generally no distinction between heirs at law and next of kin. Heirs at law next of kin under Indiana law are: Surviving spouse Children Parents Siblings Nieces and nephews Grandparents Aunts and uncles Cousins “Intesta…

• Who Can Serve As Personal Representative Of an Estate In Indiana?

  Indiana · 2021-12-31

  To serve as the personal representative of an Indiana estate, the personal representative must be: At least 18 years old, Of sound mind Not a convicted felon   See IN Code § 29-1-10-1 . In addition, a resident corporation not authorize…

• How Do You Make a Valid Will In Iowa?

  Iowa · 2021-02-22

  To make a valid will in Iowa, the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   The basic requirements for a valid will under Iowa law can be found at Iowa Probate Code § 15-2-502 . Who Can …

• Iowa Court Recognizes Illegitimate Child As Legal Heir In Probate

  Iowa · 2021-11-22

  In Langerman v. Mohr , a November 3, 2021 opinion, the Iowa appellate court affirmed a probate court decision that an illegitimate son was the legal heir of his father because the father recognized him as his child in a general and notoriou…

• Iowa Supreme Court: Surviving Settlor Cannot Modify Irrevocable Trust Without Court Approval

  Iowa · 2022-05-19

  In Little v. Davis , a May 6, 2022 opinion from the Iowa Supreme Court, the Court concluded that a surviving settlor of an irrevocable trust cannot, even with the consent of all of the beneficiaries, modify the dispositive terms of an irrev…

• Iowa Supreme Court: Tortious Interference With An Inheritance Action Barred Unless Joined With A Timely Will Contest

  Iowa · 2020-06-15

  In Youngblut v. Youngblut , the Iowa Supreme Court considered its first tortious interference with an inheritance case in almost 30 years, overruling its prior decisions and holding that a claim alleging that a decedent’s will resulted from…

• Iowa Supreme Court: Tortious Interference With an Inheritance Requires Defendant To Have Knowledge of Plaintiff’s Expectancy Of an Inheritance

  Iowa · 2021-06-19

  In Buboltz v. Birusingh , a June 11, 2021 opinion from the Iowa Supreme Court, the Court addressed the question of whether a cause of action for tortious interference with inheritance requires the plaintiff to prove that the defendant had k…

• Iowa Supreme Court: You Can’t Adjudicate Validity Of a Will Before a Testator’s Death

  Iowa · 2021-03-02

  In In Re Guardianship and Conservatorship of Radda , the Iowa Supreme Court addressed whether a prospective heir can bring an action to determine the validity of a will before the death of the testator. The answer: no. The Facts Of In Re Gu…

• Surviving Spouse Rights Iowa

  Iowa · 2019-11-06

  When a married Iowan dies, Iowa law provides the widow important surviving spouse rights, including: Intestate Share Support Allowance Elective Share Exempt Personal Property Homestead What if My Spouse Died Without a Will (Intestacy) In Io…

• Who Are Next Of Kin In Iowa?

  Iowa · 2020-10-02

  Under Iowa law “next of kin” are generally the people entitled to take by intestate succession. Next of kin for purposes of intestate succession in Iowa are the: Surviving spouse Children Parents Siblings Grandparents Great-grandparents Iss…

• How Do You Make a Valid Will In Kansas?

  Kansas · 2021-04-07

  To create a valid will under Kansas law, the will must be: In writing; Signed at the end by the person making the will; and Attested and subscribed by two witnesses.   The requirements for making a valid will under Kansas law are set f…

• Kansas Supreme Court: “Any Person” Means What It Says In Double Penalty Probate Statute For Conversion Of Decedent’s Property

  Kansas · 2021-02-04

  In the January 22, 2021 opinion of In re Estate of Taylor , the Kansas Supreme Court interpreted the plain language of the Kansas Probate Code’s conversion statute to determine that the double penalty provision for conversion of a decedent’…

• Surviving Spouse Rights Kansas

  Kansas · 2019-09-23

  Kansas surviving spouses have important rights under Kansas probate laws, including: Homestead Exemption Intestate Share Monetary Allowance Elective Share Exempt Property The more informed a surviving spouse is about these widow's rights, t…

• Who Are Next Of Kin In Kansas?

  Kansas · 2020-10-16

  The term next of kin is often used synonymously with the term heirs at law under Kansas intestate succession law. The next of kin heirs at law in Kansas are: Surviving spouse Children Parents Siblings What Next of Kin Inherit Under Kansas I…

• A Legal Guide to Challenging a Trust in Kentucky

  Kentucky · 2025-07-02

  A trust in Kentucky represents a significant strategic investment in the future, established to advance the economic success and well-being of its designated beneficiaries. Much like a formal endowment program designed to foster growth and …

• Enormous Judgment Entered in Kentucky Estate Dispute

  Kentucky · 2019-12-11

  When fiduciaries of trusts and estates are also in control of family businesses, courts take breaches of fiduciary duty seriously. When misconduct is intentional and concealed, traditional ideas about statutes of limitations and prohibition…

• How Do You Make a Valid Will In Kentucky?

  Kentucky · 2021-02-26

  To make a valid will in Kentucky, the will must be: In writing; Signed by the testator; Witnessed by two witnesses.   The requirements to make a valid will under Kentucky law are found at KRS 394.040. Who Can Make a Valid Will Under Ke…

• Jurisdiction Over A Trust Dispute – The Kentucky Supreme Court Decides

  Kentucky · 2020-05-11

  The Kentucky Uniform Trust Code grants concurrent jurisdiction of trust disputes to the District Court and the Circuit Court, but limits where a subsequent proceeding can be filed relating to the substance of the trust matter initially file…

• Kentucky Supreme Court: Bank Committed Breach By Failing To Follow Trust Code and Demanding Indemnification By Beneficiary

  Kentucky · 2022-05-03

  In Estate of Worrall v. J.P. Morgan Bank , an April 28, 2022 opinion, the Kentucky Supreme Court determined that J.P. Morgan Bank committed a breach of its statutory and fiduciary duties under the Kentucky Uniform Trust Code by failing to d…

• Kentucky Supreme Court Determines Surviving Spouse Fraudulently Deprived Of Dower Right

  Kentucky · 2022-03-03

  In Kentucky, a surviving spouse has an absolute dower right to one-half of the personalty of her deceased widow's estate. In Simpson v. Wethington , a February 24, 2022 opinion, the Kentucky Supreme Court held that a gift to Decedent’s son …

• Surviving Spouse Rights Kentucky

  Kentucky · 2019-11-05

  A Kentucky surviving spouse has rights under Kentucky law, including: Intestate Share Dower Share Homestead Personal Property Exemption $2,500 Withdrawal Elective Share A widow's rights differ depending on whether the deceased spouse had a …

• Who Are Next Of Kin In Kentucky?

  Kentucky · 2020-09-14

  In Kentucky, the term “next of kin” is often used synonymously with the term “heirs.” Next of kin heirs for purposes of intestate inheritance in Kentucky are generally the: Surviving spouse Children and descendants Parents Siblings Grandpar…

• How Do You Make a Valid Will and Testament In Louisiana?

  Louisiana · 2021-02-24

  There are two forms of testaments under Louisiana law: olographic and notarial. LA Civ Code art. 1574. A notarial testament is the most common type of will used in Louisiana, and is the standard typed and signed will that most people are fa…

• Louisiana Supreme Court: An Initial Child Support Claim Cannot Be Brought After Father’s Death

  Louisiana · 2022-04-07

  In Kendrick v. Estate of Michael Barre , a March 25, 2022 opinion from the Louisiana Supreme Court, the Court addressed whether an initial child support claim can be brought after a father’s death. The answer: no. The Facts of Kendrick v. E…

• Louisiana Supreme Court Reverses Itself And Abandons Overly Strict Construction Of Standards For Creating Valid Notarial Will

  Louisiana · 2021-07-14

  In Succession of James Conway Liner III , a June 30, 2021 opinion from the Louisiana Supreme Court, the Court vacated its original opinion and clarified the analytical framework for determining whether a notarial will is in substantial comp…

• Surviving Spouse Rights Louisiana

  Louisiana · 2019-09-27

  Surviving spouse rights in Louisiana include: Usufruct Community Property Homestead Exemption Maintenance Allowance These widow's rights in Louisiana are different from most surviving spouse rights in other states. This is because Louisiana…

• Two Louisiana Supreme Court Cases Examine When Attestation Clauses In A Notarial Will Substantially Comply With The Law, and When They Don’t

  Louisiana · 2021-02-16

  In the January 2021 cases of Succession of James Conway Liner III and Succession of Peggy Blackwell Bruce , the Louisiana Supreme Court examined the attestation clauses in two notarial testaments (wills) and determined that one substantiall…

• Who Are Next Of Kin In Louisiana?

  Louisiana · 2020-09-09

  Next of kin in Louisiana for purposes of intestate inheritance are generally the: Surviving spouse Children and descendants Parents Siblings What Do Next Of Kin Heirs Inherit In Louisiana? If a Louisiana resident dies without a valid will, …

• Deathbed Will + Deathbed Marriage + Morphine + Delirium = Valid Will

  Maine · 2019-09-27

  Supreme Court of Maine Approves Will Prepared By Social Worker for Decedent on Deathbed and on Morphine. In Estate of Hamel , 2014 ME 75 (Me. June 10, 2014), the Maine Supreme Court approved of a deathbed will in Maine executed by Ruth O'Br…

• How Do You Make a Valid Will In Maine?

  Maine · 2021-07-01

  A valid will in Maine must be: In writing; Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and Signed by at least two individuals, each of whom …

• Maine Supreme Court: Deafness no Barrier to Valid Will

  Maine · 2020-01-31

  The Maine Supreme Court has ruled that deafness does not defeat the ability to make a valid will. In Estate of Washburn , 2020 ME 18, the dispute over the validity of David's will (the Decedent) was between David's surviving spouse, Michell…

• Surviving Spouse Rights Maine

  Maine · 2019-09-27

  In Maine, a surviving spouse has many widow's rights, including: Intestate Share Elective Share Homestead Allowance Exempt Property Family Allowance Omitted Spouse Rights The Maine Probate Code was extensively revised in 2019, changing the …

• Title To Inherited Real Property In Maine

  Maine · 2020-01-21

  The Maine Supreme Court, in Clark v. Clark , recently interpreted Maine’s Probate Code to determine title to inherited real property. To reach the decision, the Court relied on a North Dakota Supreme Court decision, Estate of Hogen , interp…

• Who Are Next Of Kin In Maine?

  Maine · 2020-07-22

  The term next of kin in probate usually refers to who are the heirs of an estate where there is no will. Maine, like all other states, has statutes that determine who inherits where there is no will (called intestacy). Pursuant to Maine sta…

• How Do You Make a Valid Will In Maryland?

  Maryland · 2021-01-29

  In order to make a valid will under Maryland law, the will must be: In writing; Signed by the testator, or by some other person for the testator, in the testator’s presence and by the testator’s express direction; and Attested and signed by…

• How to Challenge a Marriage After Death in Maryland

  Maryland · 2019-12-10

  Can a surviving spouse who procured a marriage using inequitable means be denied surviving spousal rights after death? Yes, according to a recent Maryland appellate court decision you can challenge surviving spouse rights incurred as a resu…

• Surviving Spouse Rights Maryland

  Maryland · 2019-11-06

  Maryland law provides for widows with important surviving spouse rights and entitlements, including: Intestate Share Allowance Elective Share What Are The Surviving Spouse's Rights in Maryland If There Is No Will? If a decedent in Maryland …

• Who are Next of Kin in Maryland

  Maryland · 2020-07-19

  Next of kin are generally defined in Maryland as the closest members of one’s family, and are limited to those people living who are the closest blood relatives to the person in question. Who Are Next of Kin In Maryland? Generally, next of …

• Who Can Create a Revocable Trust In Maryland?

  Maryland · 2020-11-23

  A revocable trust is often used as a way to avoid probate, and is prepared during the estate planning process. In Maryland, you must be 18 years of age or older to create a revocable trust. MD Est & Trusts Code §§ 4-101 and 14.5-601 . M…

• Who Can Serve As Personal Representative In Maryland?

  Maryland · 2022-01-13

  In order to serve as the personal representative of a Maryland estate, the personal representative must be: At least 18 years old Of sound mind   Who Cannot Serve As a Personal Representative In Maryland? Maryland law prohibits certain…

• A Dog Named Licorice

  Massachusetts · 2023-12-27

  Some people like their dogs more than people. Such was the case with Theresa Jablonski, who left her entire estate to a testamentary trust for the benefit of her dog Licorice, created under the terms of her will. In In re Estate of Jablonsk…

• Both Personal Representatives Required to Sue on Behalf of Estate in Massachusetts

  Massachusetts · 2020-02-19

  A 2020 case from Massachusetts explains the importance of standing sue, especially when personal representatives of estates are involved. The Massachusetts case, Fisher v. Fisher, 2020 Mass. LCR LEXIS 24 (Land Ct. Feb. 14, 2020), requires t…

• How Do You Make a Valid Will In Massachusetts?

  Massachusetts · 2021-01-13

  To make a valid will under Massachusetts law, the will must be: In writing; Signed by the testator or by someone else in the testator’s name in the testator’s presence and at the testator’s direction; Witnessed and signed by at least two wi…

• Is an Irrevocable Spendthrift Trust Subject to Division in Divorce?

  Massachusetts · 2020-02-14

  Good estate planning can oftentimes revolve around asset protection - will the assets left for the benefit of children be subject to the creditors of the children, or be subject to seizure by an ex-spouse. A recent case from the Massachuset…

• Massachusetts Supreme Court: Claims For Intentional Interference With an Expectancy and Unjust Enrichment Not a Trust Contest Subject To One-Year Statute Of Limitation

  Massachusetts · 2022-01-03

  In Sacks v. Dissinger , a December 29, 2021 opinion from the Massachusetts Supreme Judicial Court, the Court reversed the lower court’s granting of Defendants’ motion to dismiss Plaintiffs’ claims for undue influence in a trust and estate c…

• Massachusetts Supreme Judicial Court: Personal Representative’s Power To Pay Claims Extinguished After Three Years

  Massachusetts · 2021-01-04

  In In re Estate of Kendall , the Massachusetts Supreme Judicial Court decided whether the personal representative of the Estate of Jacqueline Kendall was required to pay a creditor claim for reimbursement from the Commonwealth’s MassHealth …

• Surviving Spouse Rights Massachusetts

  Massachusetts · 2019-10-17

  Surviving spouse rights in Massachusetts include: Intestate Share Elective Share Exempt Property Family Allowance   In order to preserve all rights and benefits granted under the law, a surviving spouse must adhere to time-sensitive de…

• What Does the Term Issue Mean in Probate

  Massachusetts · 2020-02-06

  The imprecise use of language is a common problem in probate litigation. The recent case of In re Estate of Payson, 93 Mass. App. Ct. 1124, 110 N.E.3d 1221 (2018), demonstrates a problem with the term "issue" and what it actually means in p…

• Who Are Next of Kin In Massachusetts?

  Massachusetts · 2020-07-30

  The term next of kin in Massachusetts generally means the blood relations to the decedent, and does not include spouses. However, when used in the inheritance context, next of kin is generally used interchangeably with heirs at law and incl…

• Who Can Be Personal Representative In Massachusetts?

  Massachusetts · 2021-12-09

  The basic requirements for serving as a personal representative in Massachusetts are that the personal representative must be: At least 18 years old, and Of sound mind (not adjudicated incapacitated). MA Gen L ch 190B § 3-203 . In a formal …

• Are Joint Wills Irrevocable In Michigan?

  Michigan · 2020-02-04

  A joint will is a rarely seen document, in which a husband and wife execute one will will for both of them. Under Michigan law, can the surviving spouse, after executing a joint will, make a new will at variance with the joint will? A recen…

• How Do You Make a Valid Will In Michigan?

  Michigan · 2020-12-31

  To make a valid will under Michigan law, the will must be: In writing; Signed by the testator or by some other person in the testator’s conscious presence and at the testator’s direction; and Signed by at least two witnesses.   The req…

• How to Challenge a Will in Michigan

  Michigan · 2019-09-27

  You can challenge a will in Michigan on the following grounds: Lack of property formalities; Undue Influence Lack of Capacity Revocation Lack of Proper Formalities A will can be contested in Michigan if the will does not comply with the req…

• Surviving Spouse Rights Michigan

  Michigan · 2019-11-12

  Michigan law affords certain rights and benefits to surviving spouses (sometimes called widow's rights) including: Intestate Rights Elective Share Homestead Allowance Exempt Property Family Allowance Pretermitted Spouse Rights Understanding…

• Who Are Next Of Kin In Michigan?

  Michigan · 2020-07-15

  Under Michigan law, the term “next of kin” is synonymous with “heirs”, “heirs at law”, “relatives”, or “family” when used in an applicable statute or governing instrument. See section 700.2720 of the Michigan Estates and Protected Individua…

• Who Can Serve As Personal Representative In Michigan?

  Michigan · 2021-11-02

  For both formal and informal probate proceedings in Michigan, an order of priority exists for who can serve as personal representative. The term “personal representative includes, but is not limited to, an executor, administrator, successor…

• How Do You Make a Valid Will In Minnesota?

  Minnesota · 2021-02-10

  To make a valid will under Minnesota law, the will must be: In writing; Signed by the testator; Signed by two witnesses.   The requirements to make a valid will in Minnesota can be found at Minnesota Statutes § 524.2-502 . Who Can Make…

• Non Probate Asset Controlled by Beneficiary Designation, Not the Will, in Minnesota

  Minnesota · 2019-09-27

  Does A Will Control Over a Beneficiary Designation? Can a court, carrying out the terms of a will, control the disposition of a non-probate asset? No. Non-probate assets are not controlled by the terms of a will, even if the will explicitly…

• Surviving Spouse Rights Minnesota

  Minnesota · 2019-09-27

  Surviving spouses have important rights and benefits under Minnesota law, including: Intestate Rights Elective Share Homestead Exempt Property Family Allowance Surviving Spouse Rights In Minnesota If There Is No Valid Will When someone dies…

• Who Are Next Of Kin In Minnesota?

  Minnesota · 2020-08-24

  “Next of kin” for inheritance purposes under Minnesota law means the relatives that inherit under the intestacy statutes and are: Surviving spouse Descendants Parents Siblings Grandparents Aunts and uncles In the context of a Minnesota wron…

• Can the Settlor Amend an Irrevocable Trust 25 Years Later?

  Mississippi · 2024-03-10

  Yes, pursuant to the Uniform Trust Code and Mississippi law, an irrevocable trust can be amended 25 years after its creation by the settlor, to correct a scrivener's error. The Mississippi Supreme Court, in In the Matter of the Elton G. Bee…

• How Do You Make a Valid Will In Mississippi?

  Mississippi · 2021-01-22

  To make a valid will under Mississippi law, the will must be: In writing; Signed by the testator; Signed and attested by two witnesses.   The requirements to make a valid written will in Mississippi are set forth in Miss. Code § 91-5-1…

• Mississippi Supreme Court: How Do You Prove Due Execution Of a Will When the Witnesses Are Dead?

  Mississippi · 2022-03-29

  In the In the Matter of the Last Will and Testament of Luke Beard , the Mississippi Supreme Court determined what evidence is required to prove the execution of a will when both the testator and the subscribing witnesses are deceased and he…

• Mississippi Supreme Court: No Liability For Bank That Reasonably Relied On Apparent Authority Of Attorney Over Conservatorship

  Mississippi · 2022-02-10

  In Newsome v. Peoples Bancshares Inc. , a November 4, 2021 opinion from the Mississippi Supreme Court, the Court affirmed the dismissal of claims against a bank in connection with a conservatorship because substantial evidence supported the…

• Surviving Spouse Rights Mississippi

  Mississippi · 2019-09-27

  Surviving spouses in Mississippi have important rights, including: Intestate Share Family Allowance Exempt Property Elective Share Homestead Exemption What are a Surviving Spouse's Rights in Mississippi When There Is No Will? If a decedent …

• Who Are Next Of Kin In Mississippi?

  Mississippi · 2020-10-14

  Next of kin for inheritance purposes when someone dies intestate (without a will) under Mississippi law are the: Surviving spouse and children Parents and siblings Grandparents and uncles and aunts Next of kin heirs at law only inherit unde…

• How Do You Make a Valid Will In Missouri?

  Missouri · 2021-01-27

  To make a valid will under Missouri law, the will must be: In writing; Signed by the testator or by another person at the testator’s direction and in the testator’s presence; Signed and attested by two competent witnesses   The require…

• Is it Worth it to Claim Unclaimed Property?

  Missouri · 2020-07-11

  It is common for many people to have unclaimed property held by the State. Unclaimed property can result from dormant back accounts, unclaimed dividends, and life insurance policies. Many times after someone dies, family members will check …

• Missouri Supreme Court: No Excusable Neglect For Surviving Spouse Who Disregarded Probate Court’s Orders To Obtain Appointment As Personal Representative

  Missouri · 2021-03-18

  In Holmes v. Holmes , a March 2021 opinion from the Missouri Supreme Court, the Court reviewed a probate court’s ruling finding no excusable neglect and barring a surviving spouse’s petition to file an amended petition to pursue a wrongful …

• Surviving Spouse Rights Missouri

  Missouri · 2019-09-27

  Surviving spouses have important rights (also called widow's rights) under Missouri law, including: Intestate Share Elective Share Exempt Property Surviving Spouse Rights in Missouri If There Is No Valid Will When a decedent dies without a …

• Who Are Next Of Kin In Missouri?

  Missouri · 2020-08-10

  The term “next of kin” under Missouri law generally means those that would inherit from a decedent if the decedent died intestate (without a will). Unless a contrary intent is shown, “next of kin” is used synonymously with heirs at law, par…

• Who Can Serve as Personal Representative Of a Missouri Estate?

  Missouri · 2022-01-06

  In order to serve as the personal representative of a Missouri probate estate, the person must be: At least 18 years old; and, Of sound mind. See Mo. Rev. Stat. § 473.117 . Who Cannot Serve As a Personal Representative In Missouri? The foll…

• How Do You Make a Valid Will In Montana?

  Montana · 2021-07-08

  In order to be valid, a will in Montana (other than a holographic will) must be: In writing; Signed by the testator; Signed and witnessed by two witnesses.   The requirements to make a valid will under Montana law are found in Mont. Co…

• How to Enforce a Contract to Make Will in Montana

  Montana · 2020-01-08

  Contracts to make a will are enforceable in Montana. A new decision from the Montana Supreme Court holds that a lawsuit to enforce a contract to make a will must be brought in the court of general jurisdiction, not in the probate court. Wha…

• Montana Supreme Court: Alleged Fraud Did Not Toll Probate Time Limitations To Challenge Will

  Montana · 2020-06-23

  In the June 2020 case of Estate of Swanberg , the Montana Supreme Court upheld the denial of a petition to reopen a probate estate based on alleged fraud. The Montana Supreme Court held that the allegations of fraud did not operate to toll …

• Surviving Spouse Rights Montana

  Montana · 2019-09-27

  A surviving spouse in Montana has important rights and benefits, including: Homestead Allowance Exempt Property Spousal Allowance Elective Share Rights Surviving Spouse Rights If There Is No Valid Will - Intestate Estate If a decedent dies …

• Who Are Next Of Kin In Montana?

  Montana · 2020-11-18

  The term “next of kin” is used synonymously with heirs, which is defined in Montana probate law to mean “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a…

• Can an Irrevocable Trust Be Modified to Increase Minuscule Income Distributions?

  Nebraska · 2020-02-06

  The common law, as well as most state statutes, allow the terms of an irrevocable trust to be modified under certain circumstances. In Wells Fargo Bank, Nat'l Ass'n v. Unknown/Undiscovered Heirs (In re Tr. of Shire), 299 Neb. 25, 907 N.W.2d…

• How Do You Make a Valid Will In Nebraska?

  Nebraska · 2021-04-16

  To make a valid will under Nebraska law, the will must be: In writing; Signed by the testator; Signed by two witnesses.   The requirements for making a valid will under Nebraska law are found in NE Code § 30-2327 . Who Can Make a Valid…

• Nebraska Supreme Court: $875,000 Charitable Bequest To Nursing Home Did Not Lapse For Failure Of Gift

  Nebraska · 2021-06-25

  In In Re Akerson , a June 11, 2021 opinion, the Nebraska Supreme Court held that an $875,000 charitable bequest to a nursing home facility did not lapse, and thus reversed the probate court’s decision invaliding the bequest and passing it t…

• Nebraska Supreme Court Construes Will: Intent To Disinherit Heir Must Be Express Or Necessarily Implied In Will

  Nebraska · 2021-01-18

  In In re Estate of Brinkman , the Nebraska Supreme Court construed the terms of a will to determine that a decedent did not intend to disinherit his daughter under the terms of his will. The Facts Of In re Estate Of Brinkman Michael Brinkma…

• Nebraska Supreme Court: Decedent’s Real Property Remained In Estate And Was Not Validly Purchased Under Option Contract

  Nebraska · 2020-06-25

  Sometimes inherited real property passes automatically by operation of Nebraska law. Other times, persons purporting to transact on a decedent’s property are unaware that they do not actually have the authority to do so. In the June 2020 ca…

• Nebraska Supreme Court: Estate, Not County, Responsible For Payment Of Personal Representative Fees

  Nebraska · 2020-08-04

  In a July 24, 2020 opinion, In Re Estate of Hutton , the Nebraska Supreme Court clarified that a decedent’s estate, not the county in which the estate is being probated, is responsible for paying the personal representative’s fees. In this …

• Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated Material Purpose Of Trust By Ignoring Spendthrift Provision

  Nebraska · 2021-02-25

  In In Re Trust Created By McGregor , the Nebraska Supreme Court held that spendthrift provisions of a trust established a material purpose of the trust, and held a nonjudicial settlement agreement invalid for violating the trust’s purpose. …

• Surviving Spouse Rights Nebraska

  Nebraska · 2019-09-27

  Surviving spouse rights are protected under Nebraska law, and include: Elective Share Homestead Allowance Exempt Property Family Allowance These widow's rights are important, and sometimes depend on whether or not the deceased spouse had a …

• Who Are Next Of Kin In Nebraska?

  Nebraska · 2020-10-21

  Next of kin under Nebraska intestate inheritance law include: Surviving spouse Children Parents Siblings Grandparents Aunts and uncles The next of kin heirs at law inherit when a decedent died without a valid will under Nebraska law, otherw…

• Effect Of Divorce On Nonprobate Transfers of Property In Nevada

  Nevada · 2020-04-08

  In the April 2020 Nevada Supreme Court opinion In re Colman Family Revocable Living Trust , the Nevada Supreme Court read the plain language of Nevada Revised Statute (NRS) 111.781 to determine that the effect of divorce under Nevada law wa…

• Former Zappos CEO Tony Hsieh Dies Intestate With Reported Net Worth Of $840 Million

  Nevada · 2020-12-04

  Tony Hsieh, the former CEO of Zappos, passed away tragically after being caught in a house fire last week in Connecticut. Court documents filed in Nevada reveal that Hsieh did not leave a will, and died intestate. Hsieh’s net worth is repor…

• How Do You Make a Valid Will In Nevada?

  Nevada · 2021-03-12

  To make a valid will under Nevada law, the will (unless it is electronic or holographic) must be: In writing; Signed by the testator; Signed and attested by two competent witnesses.   The requirements to make a valid will under Nevada …

• Nevada Supreme Court: Creditor Of Settlor May Bring Claim Against Settlor’s Trust

  Nevada · 2020-12-08

  In In re Christian Family Trust , the Nevada Supreme Court upheld a district court decision holding that a creditor of a settlor may bring a claim against the settlor’s trust, in this case a law firm that was not paid for its services befor…

• Nevada Supreme Court: Include All Trust Documents To Trigger 120-Day Trust Challenge Deadline

  Nevada · 2021-01-08

  In In re Estate of Horst Revocable Trust , the Nevada Supreme Court considered what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period deadline to challenge the validity of a trust…

• Nevada Supreme Court: No Fiduciary Exception To The Attorney-Client Privilege

  Nevada · 2020-06-02

  Several states have adopted a fiduciary exception to the attorney-client privilege, which prevents a fiduciary such as a trustee or personal representative from asserting the attorney-client privilege against beneficiaries of a trust or est…

• Surviving Spouse Rights Nevada

  Nevada · 2019-09-23

  Surviving spouses have important rights and benefits that are protected under Nevada law, including: Intestate Rights; Homestead; Exempt personal property; Community Property Nevada is a community property state. Essentially, under communit…

• What Are The Different Types Of Probate Proceedings In Nevada?

  Nevada · 2022-03-28

  The are several types of probate and estate proceedings in Nevada: General administration Summary Administration Set aside estate Small estate affidavit Ancillary probate The type of Nevada probate proceeding you need depends on the estate …

• Who Are Next Of Kin In Nevada?

  Nevada · 2020-10-06

  For purposes of intestate succession and inheritance under Nevada law, the terms “next of kin” and “heirs at law” are used interchangeably. The next of kin intestate heirs in Nevada are: Surviving spouse Children Parents Siblings What Next …

• Can A Guardian Terminate Life Support Without Court Approval?

  New Hampshire · 2020-02-21

  The New Hampshire Supreme Court, in In Re Guardianship of L.N. , determined that a New Hampshire guardian of the person has the power to terminate life-sustaining treatment and life support, in appropriate circumstances, without court appro…

• Can Probate Property Be Partitioned After Probate is Closed?

  New Hampshire · 2020-02-14

  Yes, property that was an asset of a probate estate and distributed to the beneficiaries can be the subject of a partition action after probate in New Hampshire. The recent New Hampshire case of Tarnawa v. Goode , 172 N.H. 321, 213 A.3d 867…

• How Do You Make a Valid Will In New Hampshire?

  New Hampshire · 2021-07-22

  A valid will in New Hampshire must be: In writing; Signed by the testator, or by some person at his or her express direction in his or her presence; and Signed by two or more credible witnesses, who shall, at the request of the testator and…

• New Hampshire Supreme Court Reverses Probate Court Finding That Son Was Not Pretermitted Heir

  New Hampshire · 2021-01-28

  In In re Estate of Marie G. Dow , the New Hampshire Supreme Court analyzed the pretermitted heir statute and case law to determine that decedent’s son was a pretermitted heir and entitled to his intestate share of his mother’s estate. The F…

• Surviving Spouse Rights New Hampshire

  New Hampshire · 2019-09-23

  Surviving spouses have many rights and benefits under New Hampshire law, including: Intestate Share Exempt Property Support Allowance Elective Share Homestead Rights Surviving Spouse Rights If There Is No Valid Will When a decedent dies wit…

• Who Are Next Of Kin In New Hampshire?

  New Hampshire · 2020-11-20

  Next of kin in New Hampshire for purposes of intestate succession include: Surviving spouse Children Parents Siblings Grandparents Issue of Grandparents What Next Of Kin Inherit Under New Hampshire Intestate Succession Law? The next of kin …

• Can a Beneficiary Witness a Will In New Jersey?

  New Jersey · 2020-12-18

  Yes, a beneficiary of a will is permitted to be a witness to the will under New Jersey law. New Jersey Requires Two Witnesses To a Will Under New Jersey law, a will must be witnessed by two witnesses to be valid. NJ Stat § 3B:3-2(3) . We ha…

• Can a Will Written in Blood Be Admitted to Probate?

  New Jersey · 2020-02-05

  A New Jersey holographic will written in a testator's blood was found valid in the recent New Jersey case of In re Bradway , No. A-4535-16T3, 2018 N.J. Super. Unpub. LEXIS 1505 (Super. Ct. App. Div. June 25, 2018). In Bradway, the court add…

• Can You Probate a Lost Will In New Jersey?

  New Jersey · 2021-04-27

  Yes, you can probate a lost will in New Jersey, but it is not as easy as probating an original will. A “lost will” is a will, the original of which cannot be found. Generally, an original will is needed in order to file it for probate with …

• Deadlines and Timelines In New Jersey Probate

  New Jersey · 2021-01-25

  What Are the Deadlines And Timelines In New Jersey Probate? Key deadlines and timelines in New Jersey probate include: Will contest - Within 4 months after probate or of grant of letters of appointment OR 6 months after grant of probate or …

• File a New Jersey Caveat With Caution

  New Jersey · 2021-04-22

  Filing a caveat in New Jersey Surrogate Court is done when someone wants to contest the admission of a New Jersey Will to probate . It is a simple, signed statement putting the Court and interested persons on notice that someone contests th…

• Forum Non Conveniens in Federal Probate Litigation

  New Jersey · 2019-08-26

  The forum non conveniens doctrine allows a federal court to defer its jurisdiction in probate litigation (or any litigation) where principles of justice and convenience favor the action being brought in another forum. In a recent federal pr…

• Guide To Creditor Claims In New Jersey Estates

  New Jersey · 2021-10-04

  A creditor claim is filed in a New Jersey estate by a person or entity that was owed money by the decedent at the time of decedent’s death. A New Jersey personal representative is not obligated to pay every creditor claim that is filed, and…

• How Do You Make a Valid Will In New Jersey?

  New Jersey · 2020-12-17

  To make a valid will in New Jersey, the testator (the person making the will) must be at least 18 years old and of sound mind. NJ Stat § 3B:3-1. To be valid under New Jersey law the will must be: In writing; Signed by the testator; Witnesse…

• How Do You Probate a Will In New Jersey?

  New Jersey · 2022-03-11

  The probate of a will under New Jersey law is required when a decedent dies a resident of New Jersey, or owning property in New Jersey, and has assets that must go through probate. Locate the Decedent’s Will The first step to probate a will…

• How Do You Revoke a Will In New Jersey?

  New Jersey · 2021-01-05

  A testator can revoke a will in New Jersey by: Executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or By the performance of a revocatory act on the will.   The law governing how a testator …

• How Does Divorce Impact a New Jersey Estate Plan?

  New Jersey · 2022-01-18

  What happens to your estate plan under New Jersey law when you get a divorce? If you do not make changes to your estate plan after getting a divorce, New Jersey law automatically provides some protection by providing that your former spouse…

• How Long Does Probate Take In New Jersey?

  New Jersey · 2021-05-04

  A regular New Jersey probate should take less than one year to complete. “Regular” means a probate that goes smoothly and is straightforward. Even in the most straightforward of New Jersey probates, the process can take a long time because …

• How Much Commission Does a New Jersey Estate Executor Get Paid?

  New Jersey · 2020-12-29

  A New Jersey estate executor typically gets paid two fees or commissions — a corpus commission and an income commission. New Jersey Executor Corpus Commission The New Jersey corpus commission for the executor is based off of the assets rece…

• How to Challenge a Will in New Jersey

  New Jersey · 2019-09-27

  Challenge a will in New Jersey on the grounds of: Lack of proper formalities Undue Influence Lack of capacity Revocation Lack of Formalities Required For a New Jersey Will To make a valid will under New Jersey law, a will shall be: (1) in w…

• How To Remove an Executor Or Administrator In New Jersey Estates

  New Jersey · 2021-07-07

  Removal of an executor or administrator from office in a New Jersey estate can be done by the court for several reasons, including bad behavior, the loss of capacity, or neglect of their duties. Section 3B:14-21 governs the removal of an ex…

• Inventory And Appraisal In New Jersey Probate

  New Jersey · 2022-04-21

  An inventory and appraisal in New Jersey probate is a written document disclosing the assets of the decedent’s estate. The inventory provides the Surrogate’s Court and the beneficiaries with the total value of assets of the decedent’s estat…

• Must an Estate Have a Lawyer in Federal Court?

  New Jersey · 2020-01-09

  The rules of each state vary in terms of whether the personal representative (also known as an executor) must have a lawyer in state court for purposes of probate administration. Although federal courts will not handle probate administratio…

• Surviving Spouse Rights New Jersey

  New Jersey · 2019-11-12

  New Jersey law affords surviving spouses important rights and benefits, including: Intestate Share Omitted Spouse Rights Elective Share Support Allowance Exempt Property   Surviving Spouse Rights In New Jersey If No Valid Will - Intest…

• Undue Influence In New Jersey Will Contests

  New Jersey · 2020-12-21

  Undue influence in New Jersey is one of the most common grounds to challenge a will and has been defined as “mental, moral or physical exertion which has destroyed the free agency of a testator by preventing the testator from following the …

• What Are the Different Types Of Estate Proceedings in New Jersey?

  New Jersey · 2022-07-18

  There are 5 basic types of estate proceedings in New Jersey: Probate General administration Administration CTA Limited Administration Small Estate Administration New Jersey Probate When a decedent dies testate ( with a valid will ), a New J…

• What Does It Mean To Have Testamentary Capacity In New Jersey?

  New Jersey · 2021-06-30

  Testamentary capacity (being of sound mind) is required to make a valid will in New Jersey . Many people are surprised by how low the standard for testamentary capacity is. The standard for testamentary capacity is lower than the standard t…

• What Happens In New Jersey When a Child Is Born Or Adopted After The Execution Of a Will?

  New Jersey · 2022-04-14

  When a child is born or adopted after a will is made , and the will makes no provision for them, the child is an “omitted child” under New Jersey law. The general rule under New Jersey law is that if a decedent fails to provide in the will …

• What Is A Confidential Relationship In New Jersey Undue Influence Cases?

  New Jersey · 2021-07-02

  One of the requirements to make an undue influence case under New Jersey law is the existence of a confidential relationship between the decedent and the alleged undue influencer. In general terms, a confidential relationship exists when on…

• What Is Ancillary Probate In New Jersey?

  New Jersey · 2022-07-11

  An ancillary probate might be necessary when a decedent who lives outside of New Jersey leaves assets in New Jersey subject to estate administration - property in New Jersey that does not pass by operation of law or by title. When Do You Ne…

• Who Are Next Of Kin In New Jersey?

  New Jersey · 2020-07-16

  “Next of kin” as used in the New Jersey probate statutes does not merely mean the closest relatives of the decedent, but all of decedent’s relatives entitled under the statute of descent and distribution to share in the decedent’s estate. I…

• Who Has Priority To Be Appointed as Administrator of a New Jersey Estate?

  New Jersey · 2021-08-25

  NJ Rev Stat § 3B:10-2 governs who has priority to serve as administrator of a New Jersey estate and to whom letters of administration are granted when someone dies intestate (without a valid will) and states: If any person dies intestate, a…

• How Do You Make a Valid Will In New Mexico?

  New Mexico · 2021-04-09

  To make a valid will under New Mexico law, the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   The requirements to make a valid will in New Mexico are found in NM Stat § 45-2-502 . Who Can Mak…

• Surviving Spouse Rights New Mexico

  New Mexico · 2019-09-23

  Surviving spouses have important rights and benefits under New Mexico law, including: Intestate Rights Community Property Family Allowance Exempt Personal Property New Mexico is a community property state. Community property is property acq…

• Who Are Next Of Kin In New Mexico?

  New Mexico · 2020-10-19

  Next of kin under New Mexico intestate inheritance law include: Surviving spouse Children Parents Siblings Grandparents and descendants Descendants of deceased spouse What Next Of Kin Inherit Under New Mexico Law? The status as next of kin …

• 5 Takeaways From New York’s Power of Attorney Law Effective June 2021

  New York · 2021-04-14

  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 reforms the statutory short form and other powers of attorney for purposes of financial and estate planning.…

• Access to Decedent’s Digital Assets In New York

  New York · 2022-02-15

  A number of states, including New York, have adopted the Revised Uniform Fiduciary Access to Digital Assets Act. In New York, this act was made state law through Article 13-A of the Estates Powers and Trusts Law. Under the Administration of…

• Ancillary Probate in New York

  New York · 2020-03-11

  The jurisdiction of the Surrogate's Court for an ancillary probate is based on the decedent having property in New York, or a cause of action for wrongful death against a New York domiciliary. Venue for Ancillary Probate in New York Venue f…

• Are Handwritten Wills Legal In New York?

  New York · 2020-05-26

  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 “when it is written entirely in the handwriting of the testator, and is not executed …

• Assets Acquired By Estate After a Decedent’s Death Must Pass Under New York’s Intestacy Laws

  New York · 2021-06-24

  In Matter of Keough , a June 17, 2021 opinion from the New York Appellate Division, Fourth Department, the Court considered whether assets acquired by a testator’s estate after the death of the testator should be distributed pursuant to the…

• Broad Discovery Triggers In Terrorem Clause In New York Trust Proceeding

  New York · 2022-03-31

  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 terrorem clause in a trust to determine that broad discovery resulted in forfeiture of a beneficiary’s i…

• Can A Beneficiary Witness A Will In New York?

  New York · 2020-01-18

  Yes, BUT any bequest to a beneficiary who witnessed a New York will is void. However, if there are a sufficient number of witnesses to make the will otherwise valid, the bequest is not void. Who Needs To Witness A Will in New York? The requ…

• Can A New York Executor Waive A Decedent's Attorney-Client Privilege?

  New York · 2020-03-02

  Yes, a New York executor of an estate has the authority to waive a Decedent's attorney client privilege. What Is New York’s Attorney Client Privilege? New York’s attorney-client privilege can be found at CPLR §4503(a) , which protects a “co…

• Can a RICO Claim be Brought Against an Executor of an Estate?

  New York · 2019-08-26

  The Racketeer Influence and Corrupt Organizations Act ("RICO") can be used as a civil remedy in instances of a pattern of significant criminal activity. RICO provides for treble damages. But can a RICO claim be brought against the executor …

• Can I Leave Assets To My Pet In New York?

  New York · 2019-11-24

  New York pet owners and animal lovers frequently ask: Can I leave assets to my pet so that my pet can be taken care of after I pass away? The answer is no, you cannot leave assets to your pet. But, you can definitely provide for your pet’s …

• Can the Deadline To File For Elective Share In New York Be Extended?

  New York · 2020-12-10

  Yes, the deadline for a New York surviving spouse to take an elective share can be extended. When Does an Election To Take Elective Share Need To Be Made In New York? An election to take elective share must be made by a New York surviving s…

• Can You Compel Production of A Will In New York?

  New York · 2020-06-30

  Interested parties can compel the production of a decedent’s will under New York law. This is sometimes necessary when you have only a copy of the will, but the drafting attorney or named executor refuses to give you any information or take…

• Can You Revoke A Renunciation Of An Intestate Share Of A New York Estate?

  New York · 2020-06-08

  No, you cannot revoke a renunciation that has been filed in a New York probate estate under New York EPTL 2-1.11. In Matter of Zelouf , the Supreme Court of the State of New York Appellate Division, Second Judicial Department, upheld the su…

• Can You Serve a Lawsuit By Facebook?

  New York · 2019-11-12

  In the modern age, where communication can be done by way of text, tweet, email, or swipe, the ancient requirement to hand-serve a summons and complaint on a defendant seems quite anachronistic. Courts and legislatures have been moving over…

• Children Born After The Execution Of A Will In New York

  New York · 2020-06-24

  Children that are born after a will is created, and that are not addressed in the will, are referred to as pretermitted children. New York law provides that pretermitted after-born children can still inherit from their deceased parent’s est…

• Common Terms in New York Probate

  New York · 2020-04-09

  Terms of art can make a New York probate confusing to navigate for the layperson who has never gone through the probate process before. New York’s Estate, Powers & Trusts Law (EPTL) defines numerous terms used in administration of New Y…

• Conflicting Evidence Of Due Execution and Undue Influence In New York Will Contest

  New York · 2021-07-29

  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 on the issues of due execution and undue influence because of conflicting evidence, and ordered …

• Cooperative Apartments In New York Probate

  New York · 2020-02-03

  Cooperative apartments in New York are common. What happens when an owner of a cooperative apartment dies? This article examines some of the basics of cooperative apartments and what can happen in New York probate upon the death of an owner…

• Coronavirus and Remote Notarization in New York

  New York · 2020-03-30

  UPDATED July 2020: On July 6, 2020, Governor Cuomo signed Executive Order 202.48 . This executive order extends the remote procedures permitted to execute estate planning documents under the prior executive order discussed below. Unless fur…

• Deadline To File Surviving Spouse Election Tolled Under New York Covid-19 Executive Order

  New York · 2021-08-19

  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 election for elective share in New York could be extended considering the executive orders issu…

• Deadlines And Timelines In New York Probate

  New York · 2020-06-10

  What Are The Deadlines And Timelines In New York Probate? Important deadlines and timelines in New York probate include: Elective share election: within 6 months from the date of issuance of letters Objections to probate of an alleged will:…

• Divorce And The New York Estate Plan

  New York · 2020-04-30

  If you go through a divorce in New York, the Estates, Powers, and Trusts Law 5-1.4 has an automatic revocatory effect on provisions for the benefit of your former spouse in your will, beneficiary designations and other estate plan documents…

• Does A New York Fiduciary Need A Lawyer?

  New York · 2020-04-24

  A New York fiduciary does not need a lawyer and is permitted to represent himself or herself in court if representing his or her own interests and not the interests of others. This rule protects beneficiaries and also protects a New York fi…

• Drafting Attorney's Computer Inspected for Evidence in Will Contest

  New York · 2019-08-26

  A Surrogate’s Court in Erie County, New York, ordered the drafting attorney of a will to turn over his computer for inspection during discovery in a will contest . In the Matter of Nunz , 53 Misc. 3d 483 , the Surrogate's Court ruled that a…

• Estate Dispute Over Calder Sculpture

  New York · 2020-02-01

  Alexander Calder was a famous American sculptor, known for creating innovative mobiles (kinetic sculptures powered by motors or air currents). One of his most famous works is Floating Clouds (sometimes called Flying Saucers by the artist), …

• Financial Dishonesty As Grounds to Disqualify A New York Fiduciary

  New York · 2020-03-24

  What happens if someone with a known history of dishonesty petitions for appointment as a fiduciary executor or estate administrator in a New York probate matter? Interested persons in the estate are permitted to object to the appointment o…

• First Will Admitted To Probate Under New York Remote Witness and Notarization Law

  New York · 2021-04-05

  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 Ryan , a Will was admitted to probate in New York under the remote …

• Forced Heirship in New York

  New York · 2021-02-24

  Forced heirship refers to rights under testamentary laws which limit the discretion of a decedent to distribute assets under testamentary document upon death. Forced heirship laws are most prevalent in civil law jurisdictions and in countri…

• Foreign Wills In New York Probate

  New York · 2020-03-04

  A foreign will is a will that is executed in another state or another country. A foreign will can be admitted to probate in New York. The will must be executed either in conformance with New York requirements for valid wills (governed by EP…

• How Do You Revoke A Will In New York?

  New York · 2020-09-11

  A will is an ambulatory document, meaning that it can be changed at any time prior to a testator’s death. If you no longer want your will to be in effect, you must revoke your will, and New York law provides three ways to accomplish revocat…

• How Does a Will Proponent Make a Prima Facie Case For Probate In New York?

  New York · 2021-06-02

  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 in a contested New York probate proceeding. The Facts of Matter of Schmidt John G. Schmidt…

• How Long Does Probate Take In New York?

  New York · 2021-09-27

  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 be shorter or longer depending on the particular circumstances of the case, generally you should be prepared for…

• How Much Does An Executor Get Paid In New York?

  New York · 2020-09-09

  The executor of a New York estate is not expected to administer the estate for free. Instead, a New York executor is entitled to get paid a commission based on the size of the estate. New York SCPA 2307 provides that the executor of an esta…

• How to Construe an Ambiguous Will in New York

  New York · 2020-03-10

  What happens when a will bequeaths the same property to different people in two different clauses in a will, rendering the will ambiguous? A February 2020 case from New York explains what to do in order to construe an ambiguous will. In Mat…

• How to Contest a Will in New York

  New York · 2019-08-26

  You can contest a will in a New York probate proceeding on a number of grounds: Lack of Proper Formalities/Undue Execution. A will can be contested in New York if the will was not properly executed. Proper execution of a will requires that …

• How to Defeat a Will Contest In New York With Summary Judgment

  New York · 2020-01-07

  In New York, it is totally possible to defeat a will contest with summary judgment (we've written about it before here ). The ability to win a case through summary judgment is enormously important - because the moving party, if successful, …

• How To Make A Creditor Claim Against The Estate Of A Decedent In New York

  New York · 2020-09-02

  If a New York resident owed you money, and then died, you are considered a creditor of the estate and will need to file a claim in the estate to pursue the money you are owed. Some examples of common creditor claims in New York include pers…

• How To Probate A New York City Taxi And Limousine Commission Medallion

  New York · 2019-08-26

  What is a New York City Taxicab Medallion? The New York City taxicab industry was historically highly regulated - the most important regulation being a restriction on the number of taxicabs allowed to operate in the city. In order to legall…

• How To Substitute a Party After Death In New York

  New York · 2020-12-16

  In Dugger v. Conrad , the New York Supreme Court, Appellate Division, First Department reversed a decision dismissing a complaint for failure to substitute a party after death, on the law and as a matter of discretion in the interest of jus…

• Inheritance Rights of Adopted Children in New York

  New York · 2019-12-03

  Adopted children in New York have the same inheritance rights as biological children. Adopted children inherit from and through the adoptive parents. The adoptive parents and the adopted child have the legal relation of parent and child, an…

• Is a Probate Advance Legal in New York?

  New York · 2026-03-27

  New York law contemplates transfers involving beneficiaries’ interests (see EPTL § 12-2.5) but Surrogate’s Court procedure still dominates administration. Separate private advances from SCPA fiduciary advance payments.

• Jurisdiction of the New York Surrogate's Court

  New York · 2020-03-06

  New York's Surrogate's Court is not a court of general jurisdiction. In contrast, many states only have trial courts of general jurisdiction which have subject matter jurisdiction over anything a court in the state could hear. In these stat…

• Lease Does Not Sever Joint Tenancy With Right Of Survivorship Under New York Law

  New York · 2022-04-18

  In Harmon v. Misholy , an April 8, 2022 opinion, the court analyzed whether a lease executed by one owner severs a joint tenancy with right of survivorship and if the lease survives the death of the lessor co-owner under New York law. The F…

• Ministerial Act Exception Used To Deny Surviving Spouse Status In New York County Surrogate’s Court

  New York · 2022-08-04

  In Matter of Rosa , a July 21, 2022 opinion from New York County Surrogate’s Court, the court relied on the well-established ministerial act exception to determine the rights of the parties as if a divorce judgment had been entered before t…

• New York 2020 Case Roundup

  New York · 2021-02-27

  Estate Dispute Over Calder Sculpture : A probate dispute involving an art gallery and an estate beneficiary over a sculpture created by the famous American sculptor, Alexander Calder. Matter of Ash : Extrinsic evidence is used to construe a…

• New York Court Conducts In Depth Analysis Of Lack of Testamentary Capacity Will Contest

  New York · 2021-10-19

  In Matter of Falkowsky , a contested probate proceeding, the New York Supreme Court, Appellate Division, Second Department, affirmed a decree made after a nonjury trial which in effect granted objections alleging lack of testamentary capaci…

• New York Court Declares Marriage To Incapacitated Spouse Void Ab Initio

  New York · 2021-12-30

  In Matter of Nunziata , a December 15, 2021 opinion from the New York Supreme Court, Nassau County, the court vacated a power of attorney and declared a marriage void ab initio with respect to an incapacitated woman taken advantage of by a …

• New York Court: No Confidential Relationship Leads To Reversal of Undue Influence Finding

  New York · 2020-07-20

  One of the basics of an undue influence challenge to a New York will or trust is establishing the existence of a confidential relationship. Once a confidential relationship is established, an inference of undue influence arises. We have dis…

• New York Court: No Prima Facie Entitlement to Admit Copy of Lost Will To Probate

  New York · 2021-12-06

  In Matter of Giacobbe , the New York Supreme Court, Appellate Division, Second Department, affirmed an order denying cross motions for summary judgment seeking to admit a copy of a will (lost wills) to probate. The Facts of Matter of Giacob…

• New York Court Reverses Order Removing Guardian For Failure To Hold Evidentiary Hearing

  New York · 2021-11-08

  In Matter of Roberts v. Maxis , the New York Supreme Court, Appellate Division, First Department unanimously reversed, on the law, an order removing petitioner as co-guardian of his father and remanded the matter for a new removal hearing. …

• New York Enacts Version of Uniform Partition of Heirs Property Act

  New York · 2020-06-01

  On December 6, 2019, Governor Andrew Cuomo signed into law New York’s version of the Uniform Partition of Heirs Property Act (UPHPA) ( RPAPL §993 ). What Is The Uniform Partition of Heirs Property Act? The Uniform Partition of Heirs Propert…

• New York Exemptions For The Benefit Of A Decedent's Family

  New York · 2020-06-22

  When a New York resident dies, New York law provides benefits for certain members of the decedent’s family. These protective benefits are called the family exemption. Under New York Estates Powers and Trusts Law (EPTL) 5-3.1, the surviving …

• New York Inheritance Laws With No Will

  New York · 2019-12-02

  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 property is distributed. New York Estates, Powers and Trusts Law (EPTL) 4-1.1 is New Yor…

• New York Probate Lawyer

  New York · 2019-10-07

  Complete Guide to New York Probate Probate Basics Estate and Trust Litigation New York Spousal and Family Rights Deadlines and Timelines In New York Probate Common Terms in New York Probate Who Can Petition For Probate In New York Ancillary…

• New York Surrogate’s Court Addresses Adequacy Of Witness Affidavit With Remote Execution of Wills

  New York · 2022-03-15

  In Matter of Holmgren , a February 23, 2022 opinion, the New York Surrogate’s Court, Queens County, addressed the adequacy of affidavits submitted with a purported will executed under the auspices of New York Executive Order 202.14 (the Ord…

• New York Surrogate’s Court Awards Attorney’s Fees To Trustee and Surcharges Trustee In Same Action

  New York · 2021-06-16

  In Matter of LiGreci , decided June 2, 2021, the Supreme Court of the State of New York, Appellate Division, Second Department, affirmed a Surrogate’s Court decree ordering a trustee to pay a surcharge to an objectant, and ordering the obje…

• New York Surrogate’s Court Reviews Will Contest Basics In Granting Summary Judgment Against Will Challenger

  New York · 2020-07-29

  In Matter of Tsinopoulos , the Rockland County Surrogate’s Court once again showed that it is possible to defeat a New York will contest on summary judgment (which we’ve written about previously here and here ), and gave a great primer of s…

• New York’s Uniform Partition Of Heirs Property Act Does Not Apply Retroactively

  New York · 2020-10-07

  The Uniform Partition of Heirs Property Act became effective in New York on December 6, 2019 - we wrote about it here . The goal of the UPHPA, found at RPAPL § 993 , is to preserve family real property. Pursuant to the Act’s own terms, it d…

• Next of Kin Under New York Law

  New York · 2019-12-10

  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, in the following order: Surviving spouse Children Grandchildren Parents Siblings and issue of pre-dece…

• No Contest Clauses in New York Wills

  New York · 2019-12-05

  No contest clauses in New York wills are valid under New York law. What is a "no contest" clause in a will? A “no contest” or “in terrorem” clause in a will basically says that anyone that contests the will is cut out of the will. The purpo…

• Opening A Safe Deposit Box After Death In New York

  New York · 2020-09-29

  Opening a safe deposit box after someone dies is a frequent occurrence, particularly so if a concern exists that an original will, burial plot deed, or life insurance policy was kept inside the box. New York law provides a relatively simple…

• Priority of Payment of Claims In New York Probate

  New York · 2021-06-04

  In Matter of Rosenblatt (Solomon) , the New York Court of Appeals addressed the priority of payment of claims in New York probate, in a situation where a mortgage holder sought priority of payment for a mortgage taken out after decedent’s d…

• Probate Litigation And The President: Mary Trump Sues President Donald Trump and Estate of Late Brother Over Alleged Fraud

  New York · 2020-09-24

  Mary L. Trump, Donald Trump’s niece, has filed a lawsuit in New York State Court against the President, his sister Maryanne Trump Barry, and the executor of the estate of their late brother Robert Trump (in his or her capacity as executor).…

• Ric Ocasek's Will: Abandonment As Bar To Elective Share

  New York · 2019-11-22

  Ric Ocasek, the front man of The Cars ( "Just What I Needed" and "Since You're Gone") and hit producer (albums from No Doubt and Weezer's "Blue" album), passed away in September 2019. Ric Ocasek’s will is making headlines. It is reported th…

• Small Estates In New York

  New York · 2020-05-15

  A decedent’s estate qualifies as a small estate under New York law if it consists of no more than $50,000 in personal property. What Qualifies As A Small Estate In New York? Pursuant to Article 13 of the SCPA, §1301 : A small estate is the …

• Spousal Support Claim Survives Death of Spouse In New York

  New York · 2020-05-20

  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 pursued by the wife’s estate. In this case, before the parties could finalize their divorce , t…

• Summary Judgment Denying Challenge to Probate of New York Will

  New York · 2019-12-19

  The Surrogate’s Court of New York, Queens County, in Matter of Fiorentino , granted summary judgment in favor of the probate of a New York Will in a December 2019 opinion. Summary judgment was granted over a challenge to the probate of the …

• Summary Judgment Granted In New York Contested Probate

  New York · 2021-01-11

  In Matter of Haley , decided on December 31, 2020, the Appellate Division, Third Department, considered an appeal from an order of the New York Surrogate’s Court of Greene County in a contested probate which granted petitioner’s motion for …

• Summary Judgment In New York Dispute Over Beneficiary Designation

  New York · 2021-02-17

  In the February 3, 2021 decision in Kagan v. Ameriprise , the New York Appellate Division, Second Department considered a case granting summary judgment in a dispute over the beneficiary designation of a decedent’s retirement accounts. The …

• Surviving Spouse Rights New York

  New York · 2019-11-12

  New York law affords surviving spouses important widow's rights and benefits, including: Intestate Share Elective Share Pretermitted Spouse Rights Exempt Property In order to preserve all rights and benefits granted under the law, a survivi…

• Testamentary Substitutes Within New York's Elective Share Statute

  New York · 2020-08-10

  Testamentary substitutes are factored into the calculation of a surviving spouse’s elective share under New York law. In Matter of Lipton , the New York County Surrogate’s Court considered a surviving spouse’s claim that she was entitled to…

• The 3/2 Discovery Rule In New York Will Contests

  New York · 2020-03-27

  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 of the will or to the date of death, whichever is earlier. The 3/2 discovery rule is found in New Yor…

• Undue Influence in New York Probate

  New York · 2019-12-09

  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 Influence? Undue influence occurs when the testator is unduly compelled or coerced to execute a will as a …

• Virtual Representation in New York Surrogate's Court

  New York · 2020-03-06

  In probate and trust administration and litigation, all persons with an interest in the proceeding should be noticed and given an opportunity to participate. But what happens when persons affected by the proceedings cannot be located, ascer…

• What Are The Powers Of a Fiduciary In New York?

  New York · 2020-10-29

  A fiduciaries’ powers are set forth in New York Estate, Powers and Trusts §11-1.1(b), which authorizes a fiduciary, among other powers: To accept additions to any estate or trust from sources other than the estate of the decedent or settlor…

• What Are The Requirements For A Valid Will In New York?

  New York · 2020-06-15

  In the state of New York, EPTL 3-2.1 governs the formal requirements for the execution and attestation of valid wills. The requirements do not have to be done in the precise order set forth below. However, all the requisite formalities must…

• What Authority Does a New York Executor Have Before Letters Are Issued?

  New York · 2020-11-16

  A New York executor named in a will has the authority to pay reasonable funeral expenses and to take action as is necessary to preserve the estate before letters are issued. New York EPTL §11-1.3 states: An executor named in a will has no p…

• What Is A Lost Will Under New York Law?

  New York · 2020-06-03

  A lost will under New York law is a will that was known to have existed, and known to have not been revoked, but the original of the will cannot be found. Can A Lost Will Be Admitted To Probate In New York? Yes, New York’s Surrogate Court P…

• When Can A New York Fiduciary Ask The Surrogate's Court For Help?

  New York · 2020-04-22

  A New York fiduciary can ask the Surrogate’s Court for help and direction in extraordinary circumstances and as to the propriety, price, manner and time of the sale of real property if the value is uncertain or dependent on the time of sale…

• When Do Inherited Property Rights Vest In New York?

  New York · 2020-05-12

  Title to inherited property automatically vests in the heirs of a decedent who dies intestate in New York, however, such vesting of title is subject to the rights granted to the administrator to manage and dispose of it for purposes of dist…

• When Does The New York Surrogate’s Court Have Personal Jurisdiction Over a Trustee?

  New York · 2021-09-15

  In Matter of Murad Irrevocable Trust , the New York Supreme Court, Appellate Division, Fourth Judicial Department made quick work of the question of personal jurisdiction over a trustee in New York Surrogate’s Court. In Murad, a trust litig…

• When Is Someone Unfit To Serve As A Fiduciary In New York Probate?

  New York · 2020-11-11

  One of the exceptions to the eligibility of a natural person to serve as a fiduciary in New York is “one who does not possess the qualifications required of a fiduciary by reason of substance abuse, dishonesty, improvidence, want of underst…

• When Is There A Cause Of Action Under New York Law For Mishandling A Decedent’s Remains?

  New York · 2020-06-12

  In Hanna v. Fenton , the Supreme Court of the State of New York, New York County addressed a case involving the alleged mishandling of a decedent’s remains. Decedent's Next Of Kin Alleges Mishandling Of Decedent's Remains Early in the morni…

• Who Can Authorize An Autopsy Under New York Law

  New York · 2019-11-22

  Who can authorize an autopsy under New York Law depends on the circumstances of death, but generally include: Spouse Next of Kin Coroner Medical Examiner When is There The Right to Perform An Autopsy? The right to have an autopsy performed …

• Who Can Petition For Probate In New York?

  New York · 2020-02-22

  The persons allowed to petition for probate in New York differ between a testate (decedent had a will) and intestate (decedent did not have a valid will) estate. Who Can Petition for Probate Of A Will In New York? New York’s Surrogate’s Cou…

• Who Can Serve As A Fiduciary In New York?

  New York · 2020-04-02

  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 guardian or a person who serves with a New York co-fiduciary; Convicted felons; Per…

• Deadlines And Timelines In North Carolina Probate

  North Carolina · 2020-11-06

  What Are the Deadlines And Timelines In North Carolina Probate? Key deadlines and timelines in North Carolina probate include: Inventory: within 3 months after qualification Claim for elective share: within 6 months after issuance of letter…

• How Do You Make a Valid Will In North Carolina?

  North Carolina · 2020-12-30

  To make a valid attested written will in North Carolina the will must be: In writing Signed by the testator Witnessed by at least two competent witnesses   What Is an Attested Written Will In North Carolina? N.C. Gen. Stat. § 31-3.3 de…

• How Do You Prove Undue Influence In a North Carolina Will Contest?

  North Carolina · 2021-04-26

  Undue influence is one of the main grounds upon which a caveator (a will contestant) contests a will under North Carolina law . Undue influence has been defined in North Carolina case law as: “[S]omething operating upon the mind of the pers…

• How Do You Revoke a Will In North Carolina?

  North Carolina · 2021-03-08

  You can revoke a will under North Carolina law. People often revoke wills because they want to change the people that they have designated to receive their assets, or if they have gone through a major life event, such as marriage, the birth…

• How to Challenge a Will in North Carolina

  North Carolina · 2019-09-27

  You can challenge a will in North Carolina on several grounds: Lack of proper formalities Undue Influence Lack of Capacity Revocation Lack of Proper Formalities A will can be challenged in North Carolina for not complying with the requisite…

• Is a Probate Advance Legal in North Carolina?

  North Carolina · 2026-03-27

  North Carolina estate law (Chapter 28A) and Clerk of Superior Court supervision shape whether an heir can safely assign part of an expected distribution. Advances are contractual; probate procedure still sets the calendar.

• Living Probate In North Carolina

  North Carolina · 2020-11-05

  Living probate in North Carolina allows a person to seek a judicial declaration that his or her will is valid while he or she is alive. Living probate is only authorized in a handful of states, and became available in North Carolina in Augu…

• Partitions and Proof of Marriage in North Carolina

  North Carolina · 2020-01-23

  In a January 2020 opinion from the North Carolina Court of Appeals, Lawrence v. Lawrence , the court addressed reimbursement in partition actions and proof of marriage. In this unfortunate fact pattern, a son, Charles, challenged his mom’s …

• Surviving Spouse Rights North Carolina

  North Carolina · 2019-11-12

  North Carolina law affords surviving spouses important rights and benefits, including: Intestate Rights Elective Share Family Allowance Surviving Spouse Rights In North Carolina If No Valid Will - Intestacy When an individual dies without a…

• Testamentary Capacity In North Carolina

  North Carolina · 2021-04-21

  The elements of testamentary capacity to make a will under North Carolina law are that the testator: Comprehends the natural objects of his bounty ; Understands the kind, nature and extent of his property; Knows the manner in which he desir…

• Who Are Next Of Kin In North Carolina?

  North Carolina · 2020-07-12

  Next of kin in North Carolina is defined as “those persons who would take under the law of intestate succession…” See section 41-6.1, N.C. Gen. Stat. In enacting N.C. Gen. Stat. Sec. 41-6.1 in 1967, the North Carolina Legislature made "next…

• Who Can File a Caveat In North Carolina?

  North Carolina · 2021-04-29

  Any party interested in the estate may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of the will under North Carolina law. North Carolina G.S. 31-32(a). Who Is “Interested In the Es…

• Who Can Serve as Personal Representative in North Carolina?

  North Carolina · 2021-07-19

  The basic requirements to serve as a personal representative (executor or administrator) of an estate in North Carolina are that the personal representative must be: At least 18 years old Of sound mind Literate A non-felon Otherwise suitabl…

• How Do You Make a Valid Will In North Dakota?

  North Dakota · 2021-08-05

  In order to be valid under North Dakota law, a will must be: In writing; Signed by the testator or in the testator’s name; Either signed by at least two witnesses OR acknowledged by the testator in front of a notary or other individual auth…

• North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court’s Subject Matter Jurisdiction

  North Dakota · 2023-08-29

  By: Daniel McGowan, Esq . It is not uncommon for a party to a loan, contract, or other bargained for exchange to die before the obligation is satisfied. When the obligor is the decedent, almost without exception judicial relief is sought th…

• North Dakota Supreme Court: Doctrine of Partial Invalidity Survived Adoption of Uniform Probate Code In North Dakota

  North Dakota · 2020-09-01

  The doctrine of partial invalidity allows a court to separate out a portion of a will that is the product of undue influence from other, valid portions of a will. The North Dakota Supreme Court, in Estate of Grenz , determined that the doct…

• North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer

  North Dakota · 2020-07-15

  The presumption of undue influence under North Dakota law, once raised, must be overcome by the proponent of the instrument that is being challenged as the product of undue influence. In the June 29, 2020 opinion in Zundel v. Zundel , the N…

• North Dakota Supreme Court: Failure To Seek Stay of Partition Judgment Renders Appeal Moot

  North Dakota · 2020-06-24

  In the June 2020 case of Nelson v. Nelson , the North Dakota Supreme Court issued a stark reminder that failure to seek a stay of a partition judgment renders an appeal moot once the property is sold. The Facts of Nelson v. Nelson In 2011, …

• North Dakota Supreme Court: Holographic Will Not Valid When Material Portions Not Proven To Be In Decedent’s Handwriting

  North Dakota · 2022-01-11

  In Estate of Beach , a January 6, 2022 opinion from the North Dakota Supreme Court, the Court upheld the decision of the district court denying the admission of a holographic will to probate. The Facts of Estate of Beach Decedent, Skip Beac…

• North Dakota Supreme Court: No Personal Representative Or Attorney Fees For Actions In Pursuit of Personal Interests

  North Dakota · 2020-06-11

  Although a personal representative in North Dakota is entitled to reasonable compensation from the estate, the fees and expenses incurred must be for the benefit of the estate, not just for the benefit of the personal representative. In San…

• Standing To Challenge Account Beneficiary Designations in North Dakota

  North Dakota · 2020-05-15

  For a plaintiff to have standing to challenge a change in a beneficiary designation in North Dakota, the party must have suffered some injury and must assert their own legal rights and interests. In the May 2020 decision of Albrecht v. Albr…

• Surviving Spouse Rights North Dakota

  North Dakota · 2019-09-27

  Surviving spouse rights in North Dakota include: Homestead Allowance Exempt Property Family Allowance Elective Share Surviving Spouse Rights in North Dakota When There Is No Valid Will When a decedent dies without a valid will, they have di…

• Who Are Next Of Kin In North Dakota?

  North Dakota · 2020-11-25

  Next of kin for purposes of intestate succession in North Dakota include the: Surviving spouse Descendants Parents Siblings Grandparents Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to t…

• Advancement On an Inheritance In Ohio Probate

  Ohio · 2020-11-10

  When an Ohio resident dies, property given to someone prior to their death can be considered an advancement on that person’s inheritance under Ohio law. If property is considered an advancement on inheritance, then the property is treated a…

• Ancillary Probate In Ohio

  Ohio · 2020-08-26

  Ancillary probate in Ohio becomes necessary when a resident of another state dies leaving real property in Ohio. While the domiciliary probate will be opened in the state where the decedent was a resident, an ancillary probate in Ohio is op…

• Are No-Contest Clauses Valid In Ohio Wills?

  Ohio · 2021-03-09

  No-contest or in-terrorem clauses in wills are valid under Ohio law. Ohio courts generally strictly enforce no-contest clauses. Because no-contest clauses are valid in Ohio, any person considering contesting a will must seriously consider w…

• August 2021 Changes To Ohio Probate, Guardianship, and Trust Law

  Ohio · 2021-07-26

  On August 17, 2021, Ohio HB 7 , the Ohio State Bar Association’s Estate Planning, Trust and Probate Law section bill revising some of Ohio probate, guardianship, and trust law will take effect. The bill revises several sections of Ohio prob…

• Creditor Claims In Ohio Probate

  Ohio · 2020-09-03

  What happens if an Ohio resident owed you money and passed away before paying you the amount owed? You might have a creditor claim against the estate of the decedent. In Ohio, like most states, there are strict probate procedures and deadli…

• Deadlines And Timelines In Ohio Probate

  Ohio · 2020-09-30

  What Are The Deadlines And Timelines In Ohio Probate? Key deadlines and timelines in Ohio probate include: Election by surviving spouse - no later than 5 months from date of initial appointment of administrator or executor Action to set asi…

• Do You Need Personal Jurisdiction to Sue a Trustee in Ohio?

  Ohio · 2020-02-20

  Yes, personal jurisdiction in Ohio is required to sue and bring a lawsuit against a trustee in Ohio. What is Personal Jurisdiction? Personal jurisdiction is required to bring a lawsuit against someone. Does the court have jurisdiction over …

• Does Divorce Invalidate A Will In Ohio?

  Ohio · 2020-09-15

  No, divorce does not invalidate a will in Ohio, but it does have an impact on provisions in your will naming your spouse. Specifically, a divorce, annulment, separation, or entry into a separation agreement revokes: any disposition or appoi…

• Fiduciary Access To Digital Assets In Ohio

  Ohio · 2021-02-18

  The fiduciary of an Ohio decedent’s estate or trust will often need access to the decedent’s digital assets, whether it be on-line bank accounts, e-mail, or even social media. Ohio has adopted the Revised Uniform Fiduciary Access to Digital…

• Filing the Final Account In Ohio Probate

  Ohio · 2022-02-24

  Once the Ohio probate estate has been administered by the executor or administrator, the final step is filing the final account. Accounts Of Ohio Fiduciaries Final Account: An account showing complete administration before distribution of a…

• How Do You Get Someone To Produce A Will Under Ohio Law?

  Ohio · 2020-10-05

  What happens when someone has a decedent’s will but refuses to produce the will? Under Ohio law, there is a procedure to enforce someone to produce a decedent’s will. The procedure to enforce production of a will under Ohio law is set forth…

• How Do You Make A Valid Will In Ohio?

  Ohio · 2020-08-08

  To make a valid will in Ohio the following requirements must be met: The Testator (the person who makes the will) - Must be over 18 - Must be of sound mind and memory - Must not be under restraint The Will - Must be written (can be handwrit…

• How Do You Revoke A Will Under Ohio Law?

  Ohio · 2020-08-11

  A testator can revoke a will under Ohio law by: Destroying the will; Making a new will revoking the old one; Executing “some other writing” that is signed, attested, and subscribed in the manner provided by Ohio law. Revoking A Will In Ohio…

• How Long Does Probate Take In Ohio?

  Ohio · 2020-08-14

  Probate in Ohio generally takes: 4 months or less for a release from administration (small estate) 9-12 months for a formal probate 2 or more years for a complicated or litigated probate estate   These time spans are just estimates, bu…

• How to Contest a Will in Ohio

  Ohio · 2019-09-27

  A will can be contested in an Ohio probate proceeding on the following grounds: Lack of Proper Formalities Undue Influence Lack of Capacity Revocation/Later Will Lack of Proper Formalities A will can be contested in Ohio if it is not execut…

• How to Probate A Will In Ohio

  Ohio · 2020-01-21

  To probate a will in Ohio, take the following steps: Step 1: Find and File the Decedent’s Will The first step to take to probate a will in Ohio is to find the original will . Once you have found the will, you file the will in the county wer…

• In What Order Are Debts Paid In Ohio Probate?

  Ohio · 2020-10-28

  The Ohio Revised Code sets forth the order in which debts are paid from an Ohio insolvent probate estate (when an estate has insufficient assets to pay all of its debts and expenses) by establishing ten classes of claims as follows: Costs a…

• Intentional Interference With an Expectancy Of Inheritance In Ohio

  Ohio · 2020-12-30

  The claim of intentional interference with an expectancy of inheritance (sometimes called tortious interference with an expectancy of inheritance) under Ohio law requires proof of the following elements: An existence of an expectancy of inh…

• Inventory And Appraisal In Ohio Probate

  Ohio · 2020-11-19

  An inventory in Ohio probate is a filing made with the Ohio probate court by the fiduciary, identifying the decedent’s real property and the personal property that is to be administered and that has come into the fiduciary’s possession or k…

• Lost Wills In Ohio Probate

  Ohio · 2020-10-23

  What Exactly Is a Lost Will Under Ohio Law? A will is lost under Ohio probate law when the original of the will cannot be found. A will can be lost in a variety of ways, such as being misplaced by the testator, or by being accidently destro…

• Mansion House Rights In Ohio Probate

  Ohio · 2022-02-03

  The Ohio Revised Code allows certain surviving spouse rights in a deceased spouse’s estate, including mansion house rights. What Does “Mansion House” Mean In Ohio Probate? The term “mansion house” as used in the context of the Ohio Revised …

• Ohio Appellate Court: Deed Invalid When Decedent Did Not Authorize Another To Sign

  Ohio · 2021-11-15

  In Byars v. Byars , a November 5, 2021 opinion from the Ohio Second Appellate District, the Court reversed the judgment of the probate court finding a deed valid because there was no evidence that the decedent authorized another person to s…

• Ohio Changes To Rules Applicable To Guardianships Go Into Effect On July 1, 2022

  Ohio · 2022-03-01

  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 the Courts of Ohio aim to improve and streamline the procedures applicable to disputed visita…

• Ohio Executor Or Administrator Has Three Months From Appointment To Present Claim To Probate Court

  Ohio · 2022-06-01

  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 present a claim to the probate court, and the deadline for a general creditor to present a …

• Ohio Power of Attorney Act Prohibits Self Dealing

  Ohio · 2023-07-20

  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 as an “attorney-in-fact” to perform specific acts on the principal’s behalf. Testa v.…

• Ohio Probate Lawyer

  Ohio · 2019-10-07

  Recent Ohio Probate News Daniel McGowan's Complete Guide to Ohio Probate Ohio Probate Basics Wills and Will Contests Ohio Spousal and Family Rights Guide to Ohio Probate Deadlines and Timelines in Ohio Probate Digital Asset Guide for Ohio I…

• Ohio Supreme Court: Interest Under Will Eliminated If Beneficiary Witness Is Necessary To Establish Validity Of Will

  Ohio · 2020-12-21

  In the December 16, 2020 opinion of In re Estate of Shaffer , the Ohio Supreme Court held that Ohio’s voiding statute (eliminating bequests to a witness that is a beneficiary under the will) applies to both wills executed in compliance with…

• Ohio's Designated Heir Statute

  Ohio · 2020-10-15

  Ohio has a unique statute referred to as the designated heir statute. This statute allows a person of sound mind to give a designated person the status of “a child born in lawful wedlock.” What Is Ohio's Designated Heir Statute? Ohio’s desi…

• Pet Trusts In Ohio

  Ohio · 2020-08-19

  Pet trusts in Ohio are created to provide for the care of an animal (dog, cat, chinchilla, ferret, any animal) alive during the settlor’s (the creator of the trust) lifetime. Ohio Revised Code 5804.08 establishes the ground rules for pet tr…

• Pretermitted Heirs In Ohio Probate

  Ohio · 2020-12-09

  A pretermitted heir in Ohio probate is a child or designated heir who is born, adopted, or designated after a testator makes a will, who is not provided for in the will. Under Ohio law, this child or heir is not disinherited. Instead, the p…

• Small Estates In Ohio

  Ohio · 2020-08-12

  A simplified and streamlined procedure is available under Ohio probate law to settle small estates, that is, estates with assets below a certain threshold. If decedent’s estate qualifies as a small estate under Ohio law, a formal probate pr…

• Support Allowance In Ohio Probate

  Ohio · 2020-12-22

  The Ohio Revised Code provides that the probate court is to order the distribution of an allowance for support of the surviving spouse and minor children. The purpose of this support allowance in Ohio probate is to help support the survivin…

• Surviving Spouse Rights Ohio

  Ohio · 2019-08-26

  Surviving spouse rights and benefits in Ohio include: Intestate Share Elective Share Mansion House Rights Spousal Allowance In order to preserve all widow's rights and benefits granted under the law, a surviving spouse must adhere to time-s…

• Testamentary Capacity In Ohio

  Ohio · 2020-09-01

  Testamentary capacity in Ohio is the capacity required to be able to make a valid will under Ohio law . A will under Ohio law is only valid if the testator had testamentary capacity to make the will. What Is Testamentary Capacity Under Ohio…

• Trustee Not Liable for Cumulative Bad Acts Unless Willful or Bad Faith

  Ohio · 2019-08-26

  In the context of Ohio law requiring clear and convincing evidence of the trustee's bad acts, bad faith, willful default or reckless indifference, it is quite difficult to prevail against a trustee who is merely negligent, careless or slopp…

• Undue Influence In Ohio

  Ohio · 2020-09-08

  Undue influence is one of the most common allegations in an Ohio will contest . Other common grounds include lack of testamentary capacity , failure to comply with the requirements to make a valid will under Ohio law , and fraud. What Is Un…

• What Are the Duties Of an Ohio Estate Executor or Administrator?

  Ohio · 2022-02-08

  Once an executor or administrator is appointed for an Ohio estate, the executor or administrator must begin to fulfil the many duties that come along with the role. The duties of an executor or administrator of an Ohio estate include: Colle…

• What Are The Requirements To Be Executor Of An Estate In Ohio?

  Ohio · 2020-09-08

  If you are named as the executor in an Ohio resident’s will, you still have to meet certain requirements to qualify and serve as executor under Ohio law. The requirements to serve as the executor of an estate in Ohio are: You must be at lea…

• Who Are Next of Kin In Ohio?

  Ohio · 2020-07-07

  Next of kin under Ohio law generally means a person’s nearest relative or relatives. Not all kin or relatives of a decedent are “next of kin.” Rather, the relatives nearest to the decedent are next of kin. Generally, the next of kin under O…

• Who Can Authorize An Autopsy Under Ohio Law?

  Ohio · 2020-09-28

  When a loved one dies, family members might wonder who has the right to authorize, consent to, or prevent an autopsy if one is not automatically performed under Ohio law. Under Ohio Revised Code 2108.50 , an autopsy may be performed under O…

• Who Has Priority Of Appointment As A Fiduciary In Ohio Probate?

  Ohio · 2020-11-17

  The person with priority to serve as the fiduciary in an Ohio probate is set forth under Ohio law and depends on whether or not the estate is testate or intestate. Priority of Appointment In an Ohio Intestate Probate In an intestate Ohio pr…

• A Named Heir Is Not Pretermitted In Oklahoma Because Of A Failed Bequest

  Oklahoma · 2020-01-31

  In In Re Estate of James , the Oklahoma Supreme Court decided the question of whether children were pretermitted from their father’s will. The Oklahoma Supreme Court held that heirs are not pretermitted because their beneficiary status on a…

• Are No Contest Clauses In Wills Enforceable In Oklahoma?

  Oklahoma · 2021-07-16

  The validity of no contest clauses or “in terrorem” clauses attached to wills has long been recognized in Oklahoma. No contest clauses in Oklahoma are enforceable, unless the court finds that the will or trust contest is brought in good fai…

• Can a Beneficiary Witness a Will In Oklahoma?

  Oklahoma · 2021-09-29

  A beneficiary should not witness a will under Oklahoma law, because any devise to the witness under the will is rendered void. What Are the Witness Requirements For an Oklahoma Will? An Oklahoma will requires the signatures of two witnesses…

• Can a Small Estate Avoid Probate In Oklahoma?

  Oklahoma · 2021-06-15

  Yes, if the total value of a decedent’s probate personal property is less than $50,000, the property can be obtained by the decedent’s successors using a Small Estate Affidavit, instead of going through the Oklahoma probate process. Using a…

• Creditors In Oklahoma Probate

  Oklahoma · 2021-06-10

  Creditors in Oklahoma probate estate can be anything from decedent’s credit card debt, last medical expenses, or a judgment lien. Paying the proper creditor claims of the estate is one of the duties of an Oklahoma personal representative, a…

• Does a Revocable Trust Become Irrevocable Under Oklahoma Law Once One Of the Settlors Passes Away?

  Oklahoma · 2021-12-14

  In Stratton v. Stephens , an Oklahoma appellate court considered whether a revocable trust, created jointly by a husband and wife, can be amended after one of the trustors passes away. The Facts of Stratton v. Stephens Hillard and Helen, hu…

• Does Divorce Revoke a Will In Oklahoma?

  Oklahoma · 2021-09-10

  No, getting a divorce does not revoke an Oklahoma will . Oklahoma law provides that divorce impacts provisions of a will done prior to the divorce by revoking provisions of the will that are in favor of the testator’s former spouse. Section…

• How Do You Contest a Will In Oklahoma?

  Oklahoma · 2021-05-10

  The most common grounds to contest a will under Oklahoma law are: Undue influence Lack of testamentary capacity Lack of testamentary formalities Duress, Menace, and Fraud Revocation   Often, many of these grounds to contest a will are …

• How Do You Make a Valid Will In Oklahoma?

  Oklahoma · 2021-03-03

  To make a valid will under Oklahoma law, the will must be: In writing; Signed by the testator; Witnessed by two witnesses.   The requirements to make a valid will under Oklahoma law are found at Oklahoma Statutes § 84-55 . Who Can Make…

• How Do You Remove an Estate Executor In Oklahoma?

  Oklahoma · 2022-01-20

  The grounds upon which the court can remove an executor of an estate under Oklahoma law are very broad. The removal of an estate executor in Oklahoma is at the discretion of the probate court on a showing that the circumstances of the estat…

• How Do You Revoke a Will In Oklahoma?

  Oklahoma · 2021-05-21

  There are two main ways to revoke a will recognized under Oklahoma law: By a written will or other writing of the testator; or, By being burnt, torn, canceled, obliterated or destroyed.   See 84 OK Stat § 84-101 (2019) . The revocation…

• How Long Does Probate Take In Oklahoma?

  Oklahoma · 2021-07-09

  The average probate in Oklahoma in a simple estate will take about 4 to 6 months. This is if the administration is straightforward, simple, and goes according to plan. Sometimes probate in Oklahoma can take a shorter or longer time, dependi…

• In What Order Are Debts Paid In Oklahoma Probate?

  Oklahoma · 2021-08-04

  The Oklahoma probate code and case law direct that debts are paid in a certain order from a decedent’s estate, with priority given to the expenses of administration, funeral costs, and expenses of the decedent’s last illness. Priority Debts…

• Oklahoma Supreme Court: A Child Placed For Adoption Inherits From Biological Parent's Estate As A Pretermitted Heir

  Oklahoma · 2020-05-13

  Under Oklahoma law, a child placed for adoption can inherit from a biological parent's estate. In Rogers v. Estate of Pratt , the Oklahoma Supreme Court ruled that a biological child who was adopted out could inherit as a pretermitted heir …

• Oklahoma Supreme Court: Children Not Mentioned In One-Sentence Holographic Will Are Pretermitted Heirs

  Oklahoma · 2021-03-30

  In the Matter Of the Estate Of Chester , the Oklahoma Supreme Court held that a testator’s son (who had shot the decedent during his lifetime leaving him with life-long injuries) was a pretermitted heir under his father’s holographic will w…

• Oklahoma Supreme Court: Prioritized Order For Probate Venue Exists In Oklahoma

  Oklahoma · 2020-12-15

  In In the Matter Of the Estate Of Fulks , the Oklahoma Supreme Court confirmed that the proper venue for the probate of an Oklahoman’s estate is the county in which the decedent resided at death – not the most convenient venue for the party…

• Oklahoma Supreme Court: Revocation Upon Divorce Statute Only Applies Upon Final Judgment Of Divorce

  Oklahoma · 2022-06-25

  In Ghoussoub v. Yammine , a June 21, 2022 opinion from the Oklahoma Supreme Court, the Court addressed the question of whether Oklahoma’s revocation-upon-divorce statute, 15 O.S. 2011 §178(A) , applies when one party dies after the granting…

• Oklahoma Supreme Court: Sufficient Evidence Of Survivorship In Simultaneous Death Case

  Oklahoma · 2022-03-17

  On March 9, 2022, the Oklahoma Supreme Court issued the mandate in Pilz v. Bond , an opinion affirming that simultaneous death did not occur as between a husband and wife, thus determining the beneficiaries of the estate based upon survivor…

• Oklahoma Supreme Court: Transfer Of Property By Trust Fiduciary Exempt From Residential Property Condition Disclosure Act

  Oklahoma · 2022-02-01

  In Rickard v. Coulimore , a January 25, 2022 opinion from the Oklahoma Supreme Court, the Court read the plain language of the Residential Property Condition Disclosure Act (RPCDA) to determine that a transfer of real property by a trustee …

• Oklahoma Supreme Court Weighs In On Who Controls the Disposition Of a Decedent’s Remains

  Oklahoma · 2021-07-06

  In In the Matter Of the Estate of Downing , an April 6, 2021 opinion, the Oklahoma Supreme Court considered a dispute over the control of the disposition of a decedent’s remains, and what constitutes sufficient evidence of a written documen…

• Spousal and Family Allowance In Oklahoma Probate

  Oklahoma · 2021-11-09

  After the death of a spouse, the surviving spouse and family is permitted an allowance from the Oklahoma estate to maintain the family during the probate process. Section 58 Okl. St. § 58-314 governs the family allowance in Oklahoma probate…

• Surviving Spouse Rights Oklahoma

  Oklahoma · 2019-09-27

  Surviving spouses have many important rights (also known as widow's rights) under Oklahoma law, including: Intestate Share Homestead Rights Exempt Property Elective Share Learning the basics about these rights is the first step to navigatin…

• Undue Influence In Oklahoma Will Contests

  Oklahoma · 2021-05-13

  Undue influence is the most common ground advanced to contest a will in Oklahoma . Undue influence is defined in Oklahoma law as follows: Undue influence consists: In the use, by one in whom a confidence is reposed by another, or who holds …

• What Does It Mean To Have Testamentary Capacity In Oklahoma?

  Oklahoma · 2021-05-17

  To have testamentary capacity to make a will under Oklahoma law , the testator must understand, in a general way: The quality and quantity of his or her property; The natural objects of his or her bounty ; and, The legal effect of signing t…

• What Is a Spousal Elective Share In Oklahoma?

  Oklahoma · 2021-10-25

  An Oklahoma surviving spouse has a right to elect to take an elective share in the deceased spouse’s estate. In Oklahoma, the rules governing the spousal elective share are found in 84 OK Stat § 84-44 . What Is the Elective Share In Oklahom…

• Who Are Next Of Kin In Oklahoma?

  Oklahoma · 2020-09-24

  The term “next of kin” and “heirs at law” are often used interchangeably in Oklahoma law to mean those entitled to take under the statutory distribution of intestate estates (when a decedent dies without a will). Next of kin in Oklahoma gen…

• Who Can Serve As an Executor Or Administrator In Oklahoma Probate?

  Oklahoma · 2021-06-22

  The role of an executor or administrator is an important one in Oklahoma probate. An Oklahoma estate has an executor when the estate is testate (the decedent left a valid will ). An Oklahoma estate has an administrator when the estate is in…

• How Do You Make a Valid Will In Oregon?

  Oregon · 2021-03-01

  To make a valid will under Oregon law, the will must be: In writing; Signed by the testator; and, Witnessed.   The requirements for the creation and execution of a valid will can be found at Oregon Rev. Statutes § 112.235 . Who Can Mak…

• Stepchildren Excluded As Beneficiaries Under Will In Oregon

  Oregon · 2020-01-29

  In Garcia v. Clark , stepchildren were excluded from the definition of "my children" in a testator's will. The Oregon appellate court used Oregon law governing will construction to determine that the stepchildren were excluded as beneficiar…

• Surviving Spouse Rights Oregon

  Oregon · 2019-09-23

  Surviving spouses have important rights and benefits under Oregon law, including: Intestate Share Dwelling occupancy rights Support Allowance Elective Share rights Learning about these widow's rights is one of the first steps to navigating …

• Who Are Next Of Kin In Oregon?

  Oregon · 2020-09-15

  Next of kin and heir at law are often used interchangeably under Oregon law. A next of kin heir at law describes someone in line to inherit from a decedent’s estate under Oregon’s laws of intestate succession and generally includes: Survivi…

• Ancillary Probate In Pennsylvania

  Pennsylvania · 2020-12-10

  An ancillary probate might be required in Pennsylvania if a nonresident decedent dies while owning property in Pennsylvania. Most of the time an ancillary probate in Pennsylvania is required when the decedent owns real property in Pennsylva…

• Are No-Contest Clauses Valid In Pennsylvania Wills?

  Pennsylvania · 2021-03-31

  Yes, no-contest clauses (sometimes called in terrorem clauses, forfeiture clauses, or penalty clauses) are valid in wills under Pennsylvania law. What Is a No-Contest Clause Under Pennsylvania Law? An in terrorem clause, also known as a no-…

• Creditor Claims In Pennsylvania Probate

  Pennsylvania · 2021-03-19

  A creditor with a claim against a Pennsylvania probate estate is someone who was owed money by the decedent prior to decedent’s death. In Pennsylvania, the personal representative of the estate is not required to send direct notice of the e…

• Deadlines And Timelines In Pennsylvania Probate

  Pennsylvania · 2020-11-19

  What Are the Deadlines And Timelines In Pennsylvania Probate? Key deadlines and timelines in Pennsylvania probate include: Notice of estate administration: within 3 months after grant of letters Challenge to probate of a will: appeal within…

• Does Divorce Invalidate a Will In Pennsylvania?

  Pennsylvania · 2022-04-12

  Getting a divorce does not invalidate an entire will or estate plan under Pennsylvania law, but a divorce (even the initiation of a divorce) impacts provisions of many different estate planning documents and designations. Under Pennsylvania…

• Expert Requirements In Pennsylvania Will Contests

  Pennsylvania · 2020-02-02

  If you retain an expert for your will contest , knowing the requirements to qualify an expert in your state is essential. In Estate of Fabian , the Pennsylvania court reviewed the requirements to qualify an expert in a Pennsylvania will con…

• Federal Court Dismisses Trust Dispute With Pending State Court Trust Dispute

  Pennsylvania · 2019-08-26

  Can You Challenge a Trust in Federal Court? In Genovese v. Genovese , 2016 U.S. Dist. LEXIS 125998 (W.D. Pa 2016) , a litigant filed a federal trust dispute while a state court trust dispute was pending. The federal court dismissed most of …

• How Do You Close an Estate In Pennsylvania?

  Pennsylvania · 2022-01-27

  Once a Pennsylvania estate has been administered, it is time for the personal representative to close the estate. A Pennsylvania estate is ready to close once all of the assets have been marshalled, after the inventory has been approved, af…

• How Do You Make a Valid Will In Pennsylvania?

  Pennsylvania · 2021-01-01

  In order to make a valid will under Pennsylvania law, there are two basic requirements: The will must be in writing; The will must be signed at the end by the testator.   Unlike most states, Pennsylvania does not have a witness require…

• How Do You Open an Estate In Pennsylvania?

  Pennsylvania · 2020-12-08

  To open an estate in Pennsylvania, the person seeking to open the estate (the petitioner) files a petition for grant of letters and supporting documents with the register of wills. Along with the petition for grant of letters, the petitione…

• How Do You Revoke a Will In Pennsylvania?

  Pennsylvania · 2021-03-23

  A will can be revoked three ways in Pennsylvania: By another will or codicil; By some other writing declaring the will is revoked; By physical act.   The Pennsylvania statute governing the revocation of wills is found at 20 P.a.C.S. § …

• How Do You Settle a Small Estate In Pennsylvania?

  Pennsylvania · 2022-05-25

  When the gross estate of a Pennsylvania decedent is less than $50,000 (excluding real estate and certain payments relating to payments to family and funeral directors), the estate is considered a small estate and does not have to go through…

• How Is Testamentary Capacity Determined In Pennsylvania?

  Pennsylvania · 2021-04-02

  A testator must have testamentary capacity in order to make a valid will under Pennsylvania law . Testamentary capacity is what Pennsylvania statute § 2501 means when it requires a testator to be of "sound mind" to make a will. 20 Pa. C.S.A…

• How Long Does Probate Take In Pennsylvania?

  Pennsylvania · 2021-04-08

  "How long will it take" is a question often asked in a Pennsylvania probate proceeding. A typical probate proceeding in Pennsylvania takes at least one to two years. There are many factors that affect the length of the probate process. Some…

• How Much Is a Personal Representative Paid In Pennsylvania?

  Pennsylvania · 2021-03-15

  The Pennsylvania orphans’ court ultimately determines how much a personal representative is paid and compensated for his or her work. The guiding question for the Pennsylvania orphans' court is whether the personal representative’s compensa…

• How to Contest a Will in Pennsylvania

  Pennsylvania · 2019-09-24

  A will can be contested in a Pennsylvania probate proceeding on a number of grounds. Lack of Proper Formalities A will in Pennsylvania must be in writing and signed at the end by a testator. 20 Pa.C.S. § 2502 . Pennsylvania wills are subjec…

• In What Order Are Estate Expenses And Obligations Paid In Pennsylvania?

  Pennsylvania · 2021-03-26

  Every Pennsylvania estate has expenses and obligations that have to be paid before the personal representative can close the estate. These expenses often include the personal representative’s commissions, attorney’s fees for the personal re…

• Pennsylvania Probate Lawyer

  Pennsylvania · 2019-10-07

  Most Recent Pennslyvania News Complete Guide to Pennslyvania Probate Probate Basics How to Open an Estate in Pennslyvania Who May Serve as a Pennsylvania Executor What Are The Different Types of Estate Proceedings in Pennsylvania Deadlines …

• Pennsylvania Supreme Court: Parent With No Legal Duty To Support Deceased Child Does Not Forfeit Share of Intestate Estate

  Pennsylvania · 2020-07-31

  Estate of Small v. Small , a July 21, 2020 opinion from the Pennsylvania Supreme Court, involved the alleged forfeiture of a parent's share in his child's estate where his child died without a will. The question was whether an adult deceden…

• Pennsylvania Supreme Court: Settlor Must Prove Elements Of Common Law Fraud to Void Irrevocable Trust Based On Fraudulent Inducement

  Pennsylvania · 2020-12-28

  The Pennsylvania Supreme Court, in In Re Passarelli Family Trust , held that to void an irrevocable trust based on fraudulent inducement pursuant to 20 Pa.C.S. § 7736 , a challenging settlor must prove the elements of common-law fraud by cl…

• Pennsylvania Supreme Court: Surviving Spouse Must Revoke Elective Share Election Within Six-Month Statutory Period

  Pennsylvania · 2022-06-29

  In In Re Estate of Jabbour , a June 22, 2022 opinion from the Pennsylvania Supreme Court, the Court addressed whether a surviving spouse who seeks to revoke a statutory election against the will (to take an elective share) must do so within…

• Pennsylvania Supreme Court: Trust Beneficiaries Can Examine Trustee’s Attorney’s Billing Records If Trust Is Paying Fees

  Pennsylvania · 2021-04-13

  In In Re Estate of McAleer , decided April 7, 2021, the Pennsylvania Supreme Court granted review to determine whether the attorney-client privilege and the work product doctrine may be invoked by a trustee to prevent the disclosure to a be…

• Pennsylvania Uniform Fiduciary Access To Digital Assets Act – January 2021

  Pennsylvania · 2021-01-19

  The beginning of 2021 means new laws across the nation, including the Pennsylvania Revised Uniform Fiduciary Access to Digital Assets Act, effective January 19, 2021. The Pennsylvania Act allows fiduciaries to gain access to a decedent’s di…

• Surviving Spouse Right To an Elective Share In Pennsylvania Probate

  Pennsylvania · 2022-05-02

  When a married person dies domiciled in Pennsylvania, his or her surviving spouse has a right to an elective share of one-third of certain property left by the decedent. The elective share is one of the many surviving spouse rights that a s…

• Surviving Spouse Rights Pennsylvania

  Pennsylvania · 2019-08-26

  Surviving spouses have many rights (also called widow's rights) under Pennsylvania law, including: Intestate Share Real and/or Personal Property Exemption Elective Share Rights What Are Surviving Spouse Rights In Pennsylvania When There Is …

• The Pennsylvania Estate Inventory

  Pennsylvania · 2022-04-05

  Once a Pennsylvania probate estate is opened and a personal representative appointed, one of the duties of the personal representative is to prepare and file an inventory of assets with the Register of Wills. What Is Included On a Pennsylva…

• Weakened Intellect In Pennsylvania Will Contests

  Pennsylvania · 2020-01-20

  Determining the existence of a weakened intellect in Pennsylvania will contests on the grounds of undue influence is a different inquiry than determining testamentary capacity. The Pennsylvania Superior Court in the November 2019 case of Es…

• What Are the Different Types Of Estate Proceedings In Pennsylvania?

  Pennsylvania · 2020-11-24

  There are four types of estate administration proceedings under Pennsylvania law: Grant of letters Settlement of small estate on petition Ancillary probate or administration Temporary fiduciary administration   Grant Of Letters - Most …

• What Are the Duties Of a Personal Representative In Pennsylvania?

  Pennsylvania · 2022-01-24

  The main duties of a Pennsylvania personal representative include: Marshalling and securing the estate assets Administering the estate assets Distributing the estate assets   A Pennsylvania Personal Representative Must Marshal the Esta…

• What Is the Family Exemption In Pennsylvania Probate?

  Pennsylvania · 2022-05-05

  The family exemption is available to the surviving spouse or children (if there is no spouse) of a Pennsylvania decedent. The family exemption is a right to retain or claim personal or real property of a decedent in the amount of (currently…

• Who Are Next Of Kin In Pennsylvania?

  Pennsylvania · 2020-07-02

  Next of kin in Pennsylvania are generally defined as the surviving spouse and relatives by blood of the decedent that are authorized to inherit decedent’s estate under Pennsylvania’s intestate succession laws. Intestate Succession In Pennsy…

• Who Gets Notice When an Estate Is Opened In Pennsylvania?

  Pennsylvania · 2021-03-17

  When a Pennsylvania resident dies and a probate estate is opened , certain people are entitled to notice under Pennsylvania law. Who is entitled to notice depends on whether the estate is testate (decedent died with a valid will) or intesta…

• Who Is Entitled To Serve As Executor In Pennsylvania Probate?

  Pennsylvania · 2020-11-27

  The person entitled to serve as the executor of a Pennsylvania probate is either the executor named in the will, or, if decedent died without a will, the person highest in priority according to an order of priority set forth in Pennsylvania…

• Can a Person Subject to a Guardianship Make a New Will?

  Rhode Island · 2020-02-17

  No, if the guardianship court takes away the right to make a new will. If the guardianship court has not taken away the right to make a new will, the new will might be valid. The recent Rhode Island Supreme Court case of Duffy v. Scire , 22…

• How Do You Make a Valid Will In Rhode Island?

  Rhode Island · 2021-08-11

  To make a valid will under Rhode Island law, the will must be: In writing Signed by the testator Attested and subscribed by two witnesses   The execution requirements for a valid will are found at Rhode Island General Laws § 33-5-5 . W…

• Rhode Island Supreme Court: Notary Signature Counts As Subscribing Witness to Will

  Rhode Island · 2022-02-07

  In In Re Estate of Barbara Cardiff , a January 21, 2022 opinion from the Rhode Island Supreme Court, the Court affirmed the validity of a will and determined that an individual who signs a will as a notary may also count as a subscribing wi…

• Surviving Spouse Rights Rhode Island

  Rhode Island · 2019-09-23

  Surviving spouses in Rhode Island have many rights and entitlements, including: Intestate Share Support Allowance Elective Share Life Estate Widow's rights in Rhode Island are a little different than in other states, because the surviving s…

• Who Are Next of Kin In Rhode Island?

  Rhode Island · 2020-12-04

  Next of kin in Rhode Island for purposes of intestate succession are: Surviving spouse Descendants Parents Siblings Nieces and nephews Grandparents Aunts and uncles Cousins What Next Of Kin Inherit Under Rhode Island Law? When a decedent di…

• Estate Planning Malpractice: South Carolina Adopts Expanded Rule of Liability

  South Carolina · 2019-09-23

  The rules for estate planning malpractice vary widely across the country, as different jurisdictions have struggled with how much "privity" is enough for an "intended" beneficiary of an estate plan to sue the estate planning attorney. A cas…

• How Do You Make a Valid Will In South Carolina?

  South Carolina · 2021-02-19

  To make a valid will under South Carolina law, the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   The requirements to make a valid will under South Carolina are found at S.C. Code § 62-2-502.…

• Is Common-Law Marriage Recognized In South Carolina?

  South Carolina · 2022-02-17

  Whether common-law marriage is recognized in South Carolina depends on your timing. In the July 24, 2019 opinion of Stone v. Thompson, the South Carolina Supreme Court abolished common law marriage, but did so only prospectively. Therefore,…

• South Carolina Supreme Court: Arbitration Agreement Signed By Power of Attorney Unenforceable

  South Carolina · 2021-03-24

  On March 10, 2021, the South Carolina Supreme Court, in Arrendondo v. SNH SE Ashley River Tenant LLC issued a reminder that a power of attorney gives only the authority it grants, and cannot be used beyond its plain language. The Facts of A…

• South Carolina Supreme Court: No Surviving Spouse Status In Dispute Over "Godfather of Soul" James Brown’s Estate

  South Carolina · 2020-06-22

  In a June 2020 decision, Brown v. Sojourner , the South Carolina Supreme Court addressed the surviving spouse status of the "Godfather of Soul" James Brown’s purported surviving spouse , Tommie Rae Brown, where Tommie had not annulled her p…

• Surviving Spouse Rights South Carolina

  South Carolina · 2019-09-23

  A South Carolina surviving spouse has many important rights under South Carolina law, including: Intestate Share Omitted Spouse Rights Elective Share Homestead Rights Exempt Property In order to preserve all rights and benefits granted unde…

• Who Are Next Of Kin In South Carolina?

  South Carolina · 2020-08-27

  The term “next of kin” is often used synonymously with “heirs at law” in South Carolina. When a South Carolina resident dies without a will, their next of kin heirs at law are those in line to inherit their intestate estate, and are general…

• How Do You Make a Valid Will In South Dakota?

  South Dakota · 2021-08-26

  A valid will under South Dakota law must be: In writing; Signed by the testator or at the testator’s direction; Witnessed and attested by two witnesses in the conscious presence of the testator.   The requirements to make a valid will …

• Power of Attorney Not Authorized for Self Dealing

  South Dakota · 2019-09-23

  A power of attorney is a legal document is a legal document delegating authority from one person to another. The Supreme Court of South Dakota provided yet another example of how important the language contained within a power of attorney t…

• South Dakota Supreme Court Affirms Undue Influence Will Contest

  South Dakota · 2020-04-07

  In the April 1, 2020 opinion Estate of Gaaskjolen , the South Dakota Supreme Court affirmed an undue influence finding of the probate court and provided a guide to proving undue influence in a South Dakota will contest case. The Facts Of Es…

• South Dakota Supreme Court: Can A Court Consider The Validity of A Trust In A Petition For Judicial Supervision?

  South Dakota · 2020-06-08

  A South Dakota circuit court can consider the validity of a trust in a petition for judicial supervision under SDCL chapter 21-22. The South Dakota Supreme Court, in the June 2020 opinion In re Russell I. Carver Trust , reversed the South D…

• South Dakota Supreme Court Determines Surviving Spouse’s Creditor Claim Timely Presented

  South Dakota · 2022-07-28

  In In Re Estate of Smeenk , a July 20, 2022 opinion, the South Dakota Supreme Court considered whether a surviving spouse timely and properly presented a creditor claim and whether she was entitled to specific performance for breach of dece…

• South Dakota Supreme Court: Partition Upheld Where Deed Severs Joint Tenancy Of Husband And Wife

  South Dakota · 2020-08-12

  In a July 2020 opinion from the South Dakota Supreme Court, Moeckly v. Hanson , the court upheld a partition judgment against a surviving spouse where a corrective deed executed by the couple failed to contain express language of joint tena…

• South Dakota Supreme Court – Trust Beneficiaries Lack Standing To Bring Creditor Claim Against Estate

  South Dakota · 2021-08-12

  In the July 28, 2021 opinion of In Re Estate of Calvin , the South Dakota Supreme Court determined that Trust beneficiaries lacked standing to bring a creditor claim against their father’s estate because the Trust was the real party in inte…

• Surviving Spouse Rights South Dakota

  South Dakota · 2019-11-06

  The South Dakota Uniform Probate Code has built in rights for surviving spouses, including: Intestate Share Homestead Allowance Family Allowance Exempt Property Elective Share The rights of surviving spouses in South Dakota (also referred t…

• Who Are Next Of Kin In South Dakota?

  South Dakota · 2020-11-30

  “Next of kin” in South Dakota means the closest relatives to the decedent under the laws of intestate succession and includes: Surviving spouse Descendants Parents Siblings Grandparents South Dakota’s laws of intestate succession apply when…

• How Do You Make a Valid Will In Tennessee?

  Tennessee · 2021-01-15

  To make a valid will under Tennessee law, the will must be: In writing Signed by the testator Signed by at least two witnesses   The requirements to make a valid will in Tennessee can be found at TN Code § 32-1-104 . Who Can Make a Val…

• Is a Probate Advance Legal in Tennessee?

  Tennessee · 2026-03-27

  Tennessee beneficiaries can often assign expected inheritances under contract law, while Title 30 probate and county Chancery or Circuit practice still control notices, claims, and distributions.

• Surviving Spouse Rights Tennessee

  Tennessee · 2019-09-23

  Surviving spouses in Tennessee have several important rights, including: Exempt Property Homestead Exemption Elective Share Intestate Share Support Allowance Learning about the widow's rights available to a surviving spouse is one of the fi…

• Who Are Next Of Kin In Tennessee?

  Tennessee · 2020-08-03

  Under Tennessee law of descent and distribution the term “next of kin” means the persons most nearly related to the decedent by blood. A decedent’s spouse and next of kin make up the group of people entitled to inherit from a decedent’s est…

• Who Can Serve As Personal Representative Of a Tennessee Estate?

  Tennessee · 2021-12-23

  In Tennessee, a decedent can name someone of their choosing to serve as personal representative of his or her estate by naming the person in their will. The personal representative should not be a minor or incompetent to serve. If the deced…

• A Legally Permissible Transaction May Still Be A Breach Of Fiduciary Duty In Texas

  Texas · 2020-04-21

  In a March 2020 opinion, In Re Estate of Bryant , a trust dispute between three siblings, the Texas appeals court cautioned that a technically permissible transaction may still be a breach of fiduciary duty, if it is not in a beneficiary’s …

• Advancements On Inheritance In Texas

  Texas · 2020-09-30

  An advancement on an inheritance under Texas law is a gift given during a decedent’s life that is counted against the receiver’s inheritance after the decedent’s death. When Is A Gift An Advancement On Inheritance Under Texas Law? Texas law…

• Ancillary Probate in Texas

  Texas · 2020-03-03

  Texas ancillary probate is used to probate assets in Texas for a decedent who resided in a state other than Texas, when the other state conducted probate proceedings. What Assets Are Subject to Texas Ancillary Probate? Real property in Texa…

• Are Bank Accounts Personal Property In Texas?

  Texas · 2020-04-23

  Bank accounts are considered personal property under Texas law. The February 6, 2020 Texas Appeals Court, in In Re Estate of Hunt v. Vargas , dealt with the question of whether bank accounts are personal property under the terms of the dece…

• Attorney Fees in Texas Probate

  Texas · 2019-12-16

  Whether or not you are entitled to your attorneys fees in Texas probate will depend on your role in the probate and what kind of proceeding you are involved in.   Do I get Attorney Fees in A Texas Will Contest? In a Texas will contest …

• Bill of Review Directed To Texas Probate Heirship Order Must Be Timely Filed By Party With Standing

  Texas · 2020-08-05

  In Bettwieser v. Jeffery , an August 3, 2020 opinion from the Fifth District Court of Appeals of Texas, Dallas, the court affirmed an order dismissing a bill of review filed regarding an order declaring heirship entered in a Texas probate e…

• Brother Had Standing Under Texas Slayer Statute To Seek Declaration Regarding Rights To Insurance Proceeds

  Texas · 2021-08-30

  In Lawrence v. Bailey , a June 15, 2021 opinion from the Texas First District Court of Appeals, the Court addressed whether a relative had standing under the Texas Insurance Code’s Slayer Statute to obtain a declaratory judgment as to the d…

• Can A Beneficiary Witness A Will In Texas?

  Texas · 2020-03-03

  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 Under Texas Law With Limited Exceptions Section 254.002 of the Texas Estates Code addresses bequests to s…

• Can A Deed Be Invalid Because of Undue Influence In Texas?

  Texas · 2020-03-22

  Most of the discussion regarding undue influence centers around the unlawful procurement of wills, trusts, and other estate planning documents. A deed can also be held invalid as the result of undue influence in Texas. In Estate of Friend ,…

• Can A Minor Inherit From an Estate in Texas?

  Texas · 2020-01-02

  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 of majority. What is The Definition of "Minor" Under Texas Law? In Texas, a minor is defined as fo…

• Can A Texas Creditor Claim Barred In Guardianship Spring Back To Life In Probate?

  Texas · 2020-09-25

  The Texas probate rules set forth a time period for pursuing creditor claims in Texas probate – but do these control in every probate situation? Not if the creditor ignored a guardianship notice. In West Texas LTC Partners, Inc. v. Collier …

• Can An Executor Sell Specifically Devised Personal Property In Texas?

  Texas · 2020-04-02

  An executor can sell specifically devised personal property in Texas if doing so is not a breach of fiduciary duty, against the interests of the estate, or contrary to the terms of the will. A March 31, 2020 opinion, Sklar v. Sklar , addres…

• Can I Leave Assets To My Pet In Texas?

  Texas · 2019-11-24

  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 I pass away? The answer is no, you cannot leave assets to your pet. But, you can definitely provide for your pet’s car…

• Can You Appeal A Texas Probate Court Ruling?

  Texas · 2020-06-09

  Yes, you can appeal a Texas probate court ruling if: A statute expressly provides that the order is a final, appealable order; or The order disposes of all parties and issues in a particular phase of the proceedings. Determining whether you…

• Can You Contest a Will In Texas On the Grounds Of Insane Delusion?

  Texas · 2022-02-22

  Insane delusion is one of the lesser used grounds to contest a will under Texas law , but is available as a grounds to contest a decedent’s will in select circumstances. What Is the Definition Of an Insane Delusion For Purposes Of a Texas W…

• Can You Probate A Lost Will In Texas?

  Texas · 2020-12-09

  A will is considered lost in Texas probate if the original will cannot be found. Probate is not impossible just because you can’t find the original of a decedent’s will. In Texas, a lost will can be admitted to probate. How Do You Probate A…

• Children Successfully Void Father’s Marriage in Texas

  Texas · 2019-11-30

  When someone marries later in life, the marriage is often questioned – is my family member being taken advantage of? Is this young woman really in love with my elderly father? In Estate of W.R. Durrill , children of a Texas decedent were ab…

• Creditor Claims In Texas Probate

  Texas · 2020-09-04

  Anyone that a decedent owed money to when he or she died is a potential creditor of the decedent’s Texas probate estate. The rules regarding creditor claims in Texas probate differ depending on whether the claim is unsecured or secured, and…

• Deadlines and Timelines in Texas Probate

  Texas · 2020-03-10

  What Are the Deadlines and Timelines in Texas Probate? Key deadlines and timelines in a Texas probate include: Action to void marriage after death: within one year of decedent's death Action to contest validity of will : not later than seco…

• Does a Guardianship in Texas End When the Ward Dies?

  Texas · 2020-02-17

  No, a Texas guardianship proceeding does not end after a ward dies until the work necessary to close the guardianship is complete. A 2019 Texas case, McIntyre v. McIntyre , 2019 Tex. App. LEXIS 8437 (Tex. App. Sep. 19, 2019), holds that the…

• Does A Texas Estate Need To Be Represented By A Licensed Attorney?

  Texas · 2020-07-12

  A Texas estate is required to be represented by a licensed attorney, because an estate executor represents the interests of third parties, not just personal interests. Rule 7 of the Texas Rules of Civil Procedure allows a party the right to…

• Does a Texas Trustee Need To Be Represented By a Licensed Attorney?

  Texas · 2021-08-18

  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 practice law. In Lorie Bernice Sharpe Trust v. Phung , the Texas Court of Appeals, Third Dis…

• Does Divorce Invalidate A Will In Texas?

  Texas · 2020-03-26

  A divorce in Texas does NOT invalidate a will executed prior to the divorce but does invalidate bequests to the former spouse thereby changing the estate plan. The effect of the divorce is that the will shall be read as if the former spouse…

• Equitable Adoption in Texas

  Texas · 2020-03-03

  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 law, including the right to inherit. How Does Texas Recognize Equitable Adoption? The Texas Sup…

• Equitable Adoption In Texas Probate

  Texas · 2020-12-31

  In In the Estate Of Leslie Earnest Hines , No. 06-20-00007-CV (Tex. App. – Texarkana October 8, 2020), the appellate court considered a Texas probate court’s judgment finding that no equitable adoption had occurred. We have written about ot…

• Failed Will Can Qualify As A Community Property Survivorship Agreement In Texas

  Texas · 2020-02-26

  A document labeled as a will can be adjudicated as a community property survivorship agreement in the appropriate circumstances under Texas law. In Estate of Lovell , Jimmy and Beatrice, husband and wife, signed a joint and mutual will usin…

• Family Allowance In Texas Probate

  Texas · 2020-04-16

  Under the Texas Estates Code, before a Texas probate court approves the inventory, appraisement, and list of claims of an estate, a surviving spouse may apply to the court to fix a family allowance. What Is A Family Allowance In Texas Proba…

• Family Settlement Agreements In Texas Probate

  Texas · 2020-04-28

  A family settlement agreement can be used to resolve Texas probate disputes, instead of going through protracted litigation. What Is A Family Settlement Agreement? "[A] family settlement agreement is an alternative to formal administration …

• Fees and Expenses For Defending A Texas Will

  Texas · 2020-03-27

  Who gets their fees paid for defending a will under Texas law? The parties in the September 2019 case of Austin v. Austin disputed entitlement to fees under Texas law. In Austin, both sides were awarded fees from the Texas estate. The Facts…

• Forfeiture Clauses In Texas Will and Trust Contests

  Texas · 2020-04-01

  A forfeiture clause (also called a “no contest clause” or “in terrorem clause”) in a Texas will or trust is a clause that voids a devise in favor of a person for bringing any court action, including contesting the will or trust. Said anothe…

• Heirship Proceedings in Texas Probate

  Texas · 2019-12-06

  An heirship proceeding in Texas probate is a court proceeding to determine a decedent’s heirs. A proceeding to determine heirship is authorized when: a person dies intestate owning or entitled to property in this state and there has been no…

• How Do You Demand An Accounting In A Texas Independent Administration?

  Texas · 2020-05-20

  The Texas Estates Code provides an avenue for any interested person, i.e., a beneficiary, in the estate to demand an accounting from an executor. A beneficiary of an estate that is the subject of an independent administration can seek the a…

• How Do You Revoke A Will In Texas?

  Texas · 2020-06-19

  A will is ambulatory, meaning that it can be changed or completely revoked by a testator prior to death. There are multiple ways to revoke a will under Texas law: By subsequent writing -execute a subsequent will, codicil, or declaration rev…

• How to Contest A Will in Texas

  Texas · 2019-11-12

  A will can be contested by an attorney in a Texas probate proceeding on the following grounds: Lack of proper formalities/undue execution Undue Influence Revocation Lack of capacity Fraud Mistake Lack of Proper Formalities/Undue Execution A…

• How To Get Decedent’s Medical Records In A Texas Will Contest

  Texas · 2020-03-24

  A Texas will contestant is entitled to conduct discovery on matters relevant to the will and the opposition to it. When a Texas will contest is brought on the grounds of lack of mental or testamentary capacity, the Texas Estates Code specif…

• How To Prove Lack of Testamentary Capacity in Texas

  Texas · 2019-12-09

  In Estate of Durgin , the Texas appellate court upheld a verdict invalidating a will for lack of testamentary capacity. The case gives insight into how to prove lack of testamentary capacity in Texas. What is required to have testamentary c…

• How To Remove an Estate Executor In Texas

  Texas · 2021-09-20

  In the In the Estate of William Thompson Bell , a September 15, 2021 opinion from the Seventh District Court of Appeals of Texas at Amarillo, the Texas appellate court reversed an order removing executors of a Texas estate because of a lack…

• In Terrorem Clause Not Triggered In Texas For Seeking Reimbursement For Funeral Expenses

  Texas · 2021-05-11

  In what seems like an obvious result, a Texas appellate court, in Isaac v. Burnside , affirmed that an in terrorem clause was not triggered in a Texas probate dispute when an estate beneficiary sought reimbursement for expenses incurred for…

• Inheritance Rights Of A Pretermitted Child Under Texas Law

  Texas · 2020-05-27

  A pretermitted child under Texas law means a testator’s child who is born or adopted: During the testator’s lifetime or after the testator’s death; and After the execution of the testator’s will. See Texas Estates Code section 255.051 . Doe…

• Inheritance Rights of Adopted Children in Texas

  Texas · 2019-12-05

  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 Inherit Through Their Birth Parents? Yes, adopted children in Texas have inheritance rights in t…

• Inventory And Appraisement In Texas Probate

  Texas · 2020-05-21

  One of the most important duties of the personal representative of a Texas probate is to prepare an inventory and appraisement . What Is an Inventory and Appraisement in Texas Probate? The inventory is a document that contains a verified, f…

• Is a Probate Advance Legal in Texas?

  Texas · 2026-03-27

  Texas generally allows heirs to assign expected estate interests, but the Estates Code still governs creditor claims, administration type, and heirship disputes. Independent administration speeds some steps—not all risks.

• Jury Trials In Texas Trust Actions

  Texas · 2020-02-27

  In the Matter of Troy S. Poe Trust , the Texas appellate court determined that jury trials are available in trust modification actions to to ascertain disputed facts. THIS CASE WAS REVERSED ON JUNE 16, 2022 BY THE TEXAS SUPREME COURT. READ:…

• Make Sure You Have Personal Jurisdiction In Texas Guardianship Proceedings

  Texas · 2020-10-22

  In Farr v. Barnes , the Texas Court of Appeals, Fourth District, San Antonio, considered a ruling granting Rule 91a motions to dismiss a declaratory relief action filed by a former ward seeking a declaration that orders entered in a previou…

• No Evidence Of Undue Influence = Summary Judgment in Texas

  Texas · 2019-12-03

  In Texas, the law regarding undue influence applies to wills, trusts, and other instruments, including account designations. In Fielding v. Tullos , a Texas appeals court affirmed a trial court’s summary judgment in favor of a caretaker and…

• Parties Bound By Agreement In Texas Trust Dispute

  Texas · 2020-10-13

  The vast majority of trust litigation is settled by way of an agreement between the interested parties. In Neal v. George E. Neal Jr. Irrevocable Trust , the Texas Fifth District Court of Appeals affirmed an agreed judgment that determined …

• Partition Actions in Texas for Inherited Property

  Texas · 2019-12-10

  A partition action in Texas is a legal action to divide real property among joint owners. Different rules apply to partition actions in Texas for inherited property. What Are Partition Rights In Texas? In Texas, the general rule is that the…

• Powers of Appointment Under Texas Law

  Texas · 2020-06-16

  A June 10, 2020 case from the Seventh District Court of Appeals of Texas, Amarillo Division, Sibley v. Bechtel , reviewed the basics of the lifespan of powers of appointments and virtual representation in dismissing an appeal from an order …

• What is Probate In Texas

  Texas · 2019-09-12

  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 in Texas are distributed according to decedent’s will or Texas law. Texas is known to have …

• Proposed Texas Bill Relating To Beneficiary’s Approval Of Trustee’s Accounting 2021

  Texas · 2021-04-15

  House Bill 653 is making its way through the legislative process in Texas and would amend the Texas Property Code in September 2021 to create a presumption that a beneficiary of a trust has approved a trustee accounting if the beneficiary d…

• Removal Of A Trustee In Texas

  Texas · 2020-02-20

  Removal of a Texas trustee can occur for a variety of reasons. Some of the grounds are obvious, like the trustee became incapacitated or failed to account. In Ramirez v. Rodriguez , a February 2020 case from a Texas appellate court, the cou…

• Service Provisions Of Texas Estates Code Do Not Only Apply In Estate Proceedings

  Texas · 2020-06-04

  The Texas Estates Code, sections 505.001, et. seq., contains provisions for service on a foreign corporate fiduciary. A foreign corporate fiduciary is a corporate fiduciary that does not have its main office or a branch office in Texas. In …

• Small Estate Affidavits Texas

  Texas · 2020-05-18

  In appropriate circumstances the distributees of an estate of a decedent who dies intestate are entitled to file a small estate affidavit to obtain decedent’s estate, without having to go through Texas probate. A small estate affidavit is g…

• “Spouse” In Texas Irrevocable Trust Means Spouse At Time Trust Created

  Texas · 2021-01-21

  In Ochse v. Ochse , the Texas Appeals Court, Fourth District, San Antonio, had to construe the language of an irrevocable trust to determine whether the grantor, when identifying her son’s “spouse” as a beneficiary, meant the son’s spouse a…

• Standing In Texas Guardianship Turns On Discrete Issues In Particular Phase Of Proceeding

  Texas · 2021-01-12

  In the Matter Of the Guardianship of Carlos Benavides Jr. , a December 2020 opinion from the Texas Fourth Court of Appeals, the court addressed issues of standing, law of the case, and timely appeals in Texas guardianship proceedings. The F…

• Statute of Limitations in Texas Probate

  Texas · 2020-03-30

  Failing to pay attention to the statute of limitations and deadlines and timelines in Texas probate disputes can end your case before it ever begins. In the February 2020 case of Watson v. Schrader , The Texas Eleventh District Court of App…

• Successful Undue Influence Triple Will Contest In Texas

  Texas · 2020-04-15

  The Court of Appeals of Texas, Eighth District, El Paso, in In re Estate of Scott , affirmed a jury’s finding that three wills were signed as the result of undue influence, and that appellants did not act in good faith in defending the will…

• Surviving Spouse Rights Texas

  Texas · 2019-08-26

  What Are Surviving Spouse Rights Under Texas Law? Intestate Share Community Property Homestead Rights Exempt Property Family Allowance In order to preserve surviving spouse rights in Texas, a surviving spouse must adhere to time-sensitive d…

• Suspicion of Undue Influence Not Enough In Texas Will Contest

  Texas · 2020-01-24

  Bare suspicion of undue influence is not enough to survive summary judgment in a Texas will contest. A romantic relationship does not automatically create a confidential or fiduciary relationship. Bare testimony that a decedent made a new w…

• Texas 2020 Case Roundup

  Texas · 2021-03-26

  Estate of Grogan : The mere suspicion of undue influence is not enough to prevail in a Texas will contest. ConocoPhillips Co. v. Ramirez : In construing a will the focus is on the intent of the testator, which must be ascertained from the l…

• Texas Appeals Court Addresses Ripeness For Determination of Trust Beneficiaries Of Class Gift

  Texas · 2021-02-15

  In Ackers v. Comerica Bank and Trust , the Texas Eleventh Court of Appeals addressed whether it could determine beneficiaries of a class gift in a testamentary trust, concluding that the contingent nature of the gift and existence of a spen…

• Texas Appeals Court Affirms Reformation of Unambiguous Texas Will Based On Cut-And-Paste Mistake

  Texas · 2021-04-01

  In Odom v. Coleman , the Court of Appeals for the First District of Texas affirmed the probate court’s reformation of a will based on a cut-and-paste mistake, even though the terms of the will were unambiguous. The Facts of Odom v. Coleman …

• Texas Appellate Court Addresses Partition and Turnover of Community Property Held By Surviving Spouse

  Texas · 2021-08-02

  In the March 2021 opinion of Estate of Tillotson , a Texas appellate court addressed the partition of community property after a spouse died intestate, in a dispute between the surviving spouse and children from a prior relationship. The Fa…

• Texas Appellate Court Reviews Undue Influence and Testamentary Capacity Will Contest Basics

  Texas · 2022-06-13

  In the Estate of Hogan , a June 9, 2022 opinion from the Texas Eleventh Court of Appeals, the court reviewed the basics of undue influence and testamentary capacity will contests. This case serves as a helpful primer on the elements and bur…

• Texas Community Property Transfers and Creditor Rights

  Texas · 2020-02-04

  Texas community property that passes on the death of a spouse is subject to the debts of the deceased spouse and the rights of creditors before any transfers of the community property asset can occur. In Matter of Estate of Abraham , the De…

• Texas Court Annuls Marriage of Ward Under Guardianship

  Texas · 2020-05-01

  Can Someone Who Is Under A Guardianship Get Married In Texas? No, a ward in a Texas guardianship can not get married if the right to marry has been removed and they have been found to lack capacity to marry. If a ward has entered into a mar…

• Texas Court Reverses Removal Of Independent Executor Accused Of Gross Misconduct With Multiple Party Account

  Texas · 2021-12-08

  In In the Matter Of the Estate Of Collins , a December 1, 2021 opinion, the Texas Court of Appeals, Twelfth District, reversed an order of the Texas probate court removing an independent executor and ordering him to pay his attorneys fees f…

• Texas Court Upholds Jury Finding Of Invalid Will and Civil Theft Committed By Neighbor

  Texas · 2022-01-25

  In In Re the Estate Of Bobbie Willingham , a December 20, 2021 opinion, the Texas appellate court reviewed a jury’s determination finding a will invalid and finding that a neighbor committed civil theft against the decedent by taking checks…

• Texas Executor Breaches Fiduciary Duties In Making a Non-Pro Rata Distribution Of Assets and Failing To Disclose Material Facts

  Texas · 2021-07-21

  In In re Estate of Stewart , a Texas executor was found to have breached his fiduciary duties in administering his father’s estate by making a non-pro rata distribution of assets. The Facts of In Re Estate of Stewart Decedent William Stewar…

• Texas Legislative Update: Rule Against Perpetuities Extended To 300 Years For Trusts September 1, 2021

  Texas · 2021-06-28

  On June 16, 2021, the Texas Legislature passed a bill ( HB 654 ) that extends the rule against perpetuities to 300 years for trusts. The new Texas law on the rule against perpetuities takes effect on September 1, 2021. New Section 112.036 o…

• Texas Probate Lawyer

  Texas · 2019-10-07

  Complete Guide to Texas Probate Texas Probate Basics Texas Spousal and Family Rights Probate and Trust Litigation Deadlines and Timelines in Texas Probate What Is Probate In Texas? Inventory and Appraisement Small Estate Affidavits Texas Ca…

• Texas Statutory Probate Court Required To Appoint Court Reporter In Contested Probate Matters

  Texas · 2020-06-29

  In In re Estate of Poff , the Texas Appeals Court was presented with numerous issues but found one to be determinative — the Texas statutory probate court had a statutory obligation to have a court reporter transcribe oral testimony at a co…

• Texas Supreme Court: Acceptance of Benefits Under Will Bars Will Contest

  Texas · 2021-06-07

  In In re Estate of Johnson , the Texas Supreme Court reaffirmed in a May 28, 2021 opinion that a will contestant does not defeat an acceptance-of-benefits defense by showing that the benefit she accepted is worth less than a hypothetical re…

• Texas Supreme Court: No Right To a Jury Trial In Trust Modification Actions

  Texas · 2022-06-26

  On June 17, 2022, in In the Matter Of Troy S. Poe Trust , the Texas Supreme Court determined that there is no right to a trial by jury in a judicial trust-modification action. A Review of the Facts In the lower court, the two trustees, who …

• Texas Supreme Court: Technical Defect In Service On Ward Does Not Deprive Probate Court Of Personal Jurisdiction In Guardianship Action

  Texas · 2022-03-21

  In In re the Guardianship of Fairley , a March 4, 2022 opinion, the Texas Supreme Court held that a technical defect in personal service on a ward does not deprive the probate court of subject-matter jurisdiction or personal jurisdiction ov…

• Texas Trust Action Addresses Standing, In Terrorem Clauses, And Basic Trust Interpretation

  Texas · 2020-11-02

  In Younger v. Younger , the Texas Court of Appeals, Seventh District, Amarillo, considered an appeal in a trust action raising a host of issues including trust interpretation, standing, and in terrorem clauses. The Facts of Younger v. Young…

• Texas Trust Protector Has No Fiduciary Duty to Settlor

  Texas · 2020-05-19

  A “trust protector” is a relatively new role in the world of Texas trusts. An opinion from the U.S. District Court, Southern District of Texas, Ron v. Ron (Memorandum and Recommendation, adopted here ), determined that a Texas trust protect…

• The Existence Of a Will Does Not Defeat a Texas Heirship Proceeding

  Texas · 2022-04-25

  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 if the estate is testate (decedent died with a valid will that has been admitted to pro…

• Use Of the Texas Citizens Participation Act In Will and Trust Disputes

  Texas · 2021-06-01

  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 will, and instead that appellants demonstrated that disputing conduct as violating the in t…

• Venue of Texas Probate Proceedings

  Texas · 2020-06-16

  Before you can start a probate proceeding in Texas, you need to know the appropriate county to file in, otherwise known as the proper venue. The appropriate venue of a Texas probate proceeding will depend on the circumstances of the deceden…

• What Are The Requirements For A Valid Will In Texas?

  Texas · 2020-09-11

  The requirements to make a will that is valid under Texas law are that the will must be: In writing Signed by: a) The testator in person; or b) Another person on behalf of the testator i) in the testator’s presence; and ii) under the testat…

• What Does "In Equal Shares Per Stirpes" Mean?

  Texas · 2020-02-09

  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. Moody , 544 S.W. 3d 413 (Tex. Ct. App. 2017) illustrates the problem with the phrase. What Does…

• What Happens To Homestead Property In Texas When A Parent Dies Leaving A Minor Child?

  Texas · 2020-06-05

  Homestead property in Texas inures at death and is exempt from claims of the estate. In Caceres v. Kerri Grahamas Dependent Adm’r of the Estate of Alicia Maribel Procell , Case No. 14-18-00826-CV, the Texas Appeals Court, Fourteenth Distric…

• What Is The Privity Rule In Texas Estate Planning Malpractice Claims?

  Texas · 2022-07-14

  In Flores v. Branscomb , a Texas appellate court discussed the estate planning privity rule for legal malpractice claims, and determined whether a non-client could sue an estate planning attorney for malpractice. In this case, the answer wa…

• When Can a Will Be Modified Or Reformed Under Texas Law?

  Texas · 2022-06-06

  Only a personal representative can petition the court for modification or reformation of a will under Texas law. A beneficiary does not have the power to petition for the court for modification or reformation. When Can The Court Order Modif…

• When Is Someone “Unsuitable” To Serve As Independent Executor Of a Texas Estate?

  Texas · 2021-09-07

  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 the Texas probate court’s finding that the nominated independent executor was unsuitable to serve as…

• Who Are Next Of Kin In Texas?

  Texas · 2020-04-01

  Next of kin are generally defined in Texas as the closest members of one’s family, and are limited to those people living who are the closest blood relatives to the person in question. Who Are Next of Kin In Texas? Generally, next of kin in…

• Who Can Authorize An Autopsy Under Texas Law?

  Texas · 2019-11-18

  Who can authorize an autopsy under Texas law? Texas Code of Criminal Procedure, Article 49.33 provides a list of people who are authorized to provide consent to an autopsy (also called an inquest) under Texas law: The spouse of the decedent…

• Who Can Serve As A Personal Representative In Texas?

  Texas · 2020-03-12

  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 persons who are not qualified to serve. Who Has Priority To Serve As a Personal Representative…

• Who Has Standing To Bring Legal Malpractice Claim Against Attorney For Prior Trustee and Estate Personal Representative Under Texas Law?

  Texas · 2021-11-01

  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 a successor fiduciary and beneficiary of a Texas estate or trust was barred from assertin…

• Will Construction Under Texas law

  Texas · 2020-01-27

  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 issue for decision by the Texas Supreme Court was one of will constr…

• Federal Court Permitted to Hear Inheritance Dispute In Utah

  Utah · 2019-09-23

  A Federal court is permitted to hear an inheritance dispute, so long as the case does not run afoul of the probate exception, the Younger Abstention Doctrine, and the Colorado River Abstention Doctrine. In Life Insurance Company of North Am…

• How Do You Make a Valid Will In Utah?

  Utah · 2021-03-16

  To make a valid will (other than a holographic or electronic will ) under Utah law the will must be: In writing; Signed by the testator; Acknowledged and signed by two witnesses.   The requirements for creating a valid will under Utah …

• Surviving Spouse Rights Utah

  Utah · 2019-10-16

  Utah provides surviving spouses with guaranteed widow's rights and entitlements to a decedent's estate, including: Intestate Share Spousal Allowance Homestead Allowance Exempt Property Elective Share What Are Surviving Spouse Rights In Utah…

• Utah Enacts Uniform Electronic Wills Act

  Utah · 2020-09-14

  On August 31, 2020, Utah became the first state to enact the Uniform Electronic Wills Act. You can access the electronic version of Utah’s Uniform Electronic Wills Act here , and the pdf here . The Uniform Electronic Wills Act enacted in Ut…

• Who Are Next Of Kin In Utah?

  Utah · 2020-09-29

  The term “next of kin” under Utah law is generally used synonymously with “heirs at law” for intestate succession purposes. Next of kin in Utah generally include: Surviving spouse Children and descendants Parents Siblings Grandparents What …

• Are Assets in a Revocable Trust Included In a Beneficiary's Marital Estate?

  Vermont · 2020-02-14

  No. The assets in a revocable trust created by a parent of a beneficiary are not part of the marital estate while the trust remains revocable. What Happens to Revocable Trust Assets in a Divorce? The assets in a trust can be included as par…

• How Do You Make a Valid Will In Vermont?

  Vermont · 2021-09-16

  To be valid under Vermont law, a will must be: In writing Signed by the testator in front of two witnesses Signed and attested by two witnesses   The requirements to make a valid will under Vermont law are found at 14 V.S.A. § 5 . Who …

• Surviving Spouse Rights Vermont

  Vermont · 2019-09-23

  A surviving spouse has many rights under Vermont law, including: Intestate Share Exempt Property Maintenance Allowance Homestead Exemption Surviving Spouse Rights In Vermont When There Is No Valid Will When someone dies without a valid will…

• Vermont Supreme Court: Contract For Mutual Wills Does Not Impact Allowance of Subsequent Will

  Vermont · 2020-07-13

  In the July 2020 Vermont Supreme Court case of In re Estate of Patricia Bixby , the Court reviewed the probate court’s allowance of a decedent’s will, which was challenged on the ground that a contract for mutual wills rendered the subseque…

• Vermont Supreme Court Determines Ownership Of 1979 Cadillac Eldorado In Probate Dispute

  Vermont · 2021-03-10

  A case involving the disposition of a 1979 Cadillac Eldorado, In re Estate of Theodore George , made its way to the Vermont Supreme Court, where the Court determined who rightfully owned the car after decedent’s death. Although it is common…

• Vermont Supreme Court Invalidates Will for Undue Influence

  Vermont · 2024-03-01

  The Vermont Supreme Court, in In re Estate of Crofut , 2024 VT 8, 23-AP-011 (Vt. Feb 23, 2024), gave a comprehensive primer on how to invalidate a will for undue influence under Vermont law. Can an Option to Acquire Property in a Will for B…

• Who Are Next of Kin in Vermont

  Vermont · 2020-07-18

  Under Vermont law, the term “next of kin” is synonymous with “heirs”, “heirs at law”, “relatives”, or “family” when used in an applicable statute or governing instrument. See Chapter 14, Section 314 of the Vermont Statutes . Next of kin in …

• How Do You Make a Valid Will In Virginia?

  Virginia · 2021-01-05

  To make a valid will under Virginia law, the will must be: In writing; Signed by the testator Witnessed by two competent witnesses   The requirements to make a valid will under Virginia law are found at Virginia Code § 64.2-403 . Who C…

• How To Contest a Will in Virginia

  Virginia · 2019-09-19

  One can contest a will in a Virginia probate proceeding on a number of grounds, including lack of proper testamentary formalities, undue influence, lack of capacity, and that the will was revoked. Contest a Will In Virginia For Lack of Prop…

• Surviving Spouse Rights Virginia

  Virginia · 2019-08-26

  A surviving spouse is entitled to many rights and benefits under Virginia law, including: Intestate Share Elective Share Maintenance Allowance Exempt Property Homestead Allowance Learning about your widow's rights under Virginia law is the …

• Virginia Supreme Court Affirms Decision Relying On Parol Evidence To Interpret Will

  Virginia · 2020-05-29

  In the May 2020 opinion of Larsen v. Stack , the Virginia Supreme Court used the principles of will interpretation to interpret an ambiguous will using parol evidence. The Facts of Larsen v. Stack Erik Larsen died in April 2017. Erik’s will…

• Virginia Supreme Court: Attorney’s Fees Can Be Awarded In Fraud Suit Without Finding That Fraud Was “Particularly Egregious”

  Virginia · 2021-03-04

  In St. John v. Thompson , the Virginia Supreme Court, in a February 25, 2021 opinion, reviewed a fraud case where fees were awarded in favor of the defrauded party, and considered whether attorney’s fees were only awardable in particularly …

• Virginia Supreme Court: The Term “Fair Market Value” In Codicil Provides No Certainty As To Price

  Virginia · 2020-12-14

  Real property is routinely bequeathed to people in a decedent’s will or codicil. In the December 10, 2020 opinion of Wilburn v. Mangano , the Virginia Supreme Court considered whether an option to purchase decedent’s real property at “fair …

• Virginia Supreme Court: Unrepresented Parties Who Benefit From Partition Not Responsible For Plaintiff’s Attorneys Fees

  Virginia · 2020-08-25

  It is not uncommon for one party to spearhead a lawsuit that benefits others who are not represented in the litigation. This scenario is often the case in partition actions involving inherited real property. In Berry v. Fitzhugh , the Virgi…

• Who Are Next Of Kin In Virginia?

  Virginia · 2020-07-20

  Next of kin under Virginia law generally means the closest living relatives of the decedent. The Virginia Supreme Court has stated that the term “next of kin” is “a nontechnical term whose commonly accepted meaning is ‘nearest in blood.’” E…

• Who Can Create a Revocable Trust In Virginia?

  Virginia · 2022-03-22

  To create a revocable trust under Virginia law, the settlor must be: At least 18 years old or an emancipated minor Of sound mind   What Is the Age Requirement To Create a Revocable Trust Under Virginia Law? In Virginia, the same age re…

• Who Can Serve As Personal Representative In Virginia?

  Virginia · 2021-11-11

  To serve as a personal representative in Virginia, an individual must be: 18 years of age or older; Able to obtain surety, if required; Suitable and competent to perform the duties of a personal representative in Virginia.   Virginia d…

• Court Holds Beneficiary Designation Form Not an ERISA “Plan Document”

  Washington · 2019-09-27

  ERISA is a federal statutory system that governs most corporate retirement plans. At the heart of the operation of an ERISA- governed plan is the concept of the “plan documents.” In a case of first impression, a Federal Court of Appeals hol…

• How Do You Make a Valid Will In Washington?

  Washington · 2021-01-06

  To make a valid will in Washington State, the will must be: In writing Signed by the testator Witnessed   The requirements to make a valid will in Washington are set forth in Washington Rev. Code § 11.12.020 . Who Can Make a Valid Will…

• How to Revoke a Will in Washington State

  Washington · 2020-06-22

  Aggrieved heirs of a decedent may wish to file an action to revoke or contest a will in Washington State, on grounds such as undue influence, lack of capacity, fraud, or mistake. Under Washington State law, here is how to revoke a will. Wha…

• Surviving Spouse Rights Washington

  Washington · 2019-09-27

  Surviving spouses have protected rights and benefits under Washington state law, including: Community Property Intestate Share Omitted Spouse Rights Award Allowance   Surviving spouse rights in Washington center around community proper…

• The Supreme Court of Washington: Surviving Spouse Gave Up Right to Intestate Succession in Separation Contract

  Washington · 2020-05-18

  The Supreme Court of Washington held in a May 2020 opinion, In Re Estate of Petelle , that the right of a surviving spouse to intestate succession can be waived in a separation contract, even if not expressly mentioned. Broad language waivi…

• Trust and Estate Dispute Resolution Agreements in Washington State

  Washington · 2020-06-22

  Washington State has a comprehensive statutory system for resolving trust and estate disputes, known as the Trust and Estate Dispute Resolution Act , ("TEDRA") at Chapter 11.96A RCW. TEDRA contains detailed procedures for litigating and set…

• Who Are Next Of Kin In Washington?

  Washington · 2020-07-21

  Next of kin of a decedent under Washington law generally means the persons nearest in degree of blood surviving the decedent, and are the following people in the following order: Spouse Children Parents Siblings Grandparents Aunts and uncle…

• Who Can Serve As Personal Representative Washington State?

  Washington · 2021-11-18

  Washington state requires that a personal representative must be: At least 18 years old, and Of sound mind Have no felony convictions or convictions for a crime involving moral turpitude. RCW § 11.28.040 and § 26.28.010 , § 11.36.010. Corpo…

• How Do You Make a Valid Will In West Virginia?

  West Virginia · 2021-04-23

  A valid will under West Virginia law must be: In writing; Signed by the testator Properly attested and subscribed by two witnesses.   The requirements to make a valid West Virginia will are found at WV Code § 41-1-3 . Who Can Make a Va…

• Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?

  West Virginia · 2024-03-03

  A standard revocable trust is a trust that is fully revocable and changeable during the lifetime of the settlor. A typical revocable trust has provision for the death of the settlor. If the trust is going to continue on for the benefit of b…

• Small Estates In West Virginia: July 2021 Update

  West Virginia · 2021-10-07

  A West Virginia law in effect since July 1, 2021, simplifies the process for small estates in West Virginia by creating the West Virginia Small Estate Act which allows for administration of certain small estates by affidavit and without app…

• Surviving Spouse Rights West Virginia

  West Virginia · 2019-11-05

  A surviving spouse in West Virginia has important rights and protections under West Virginia law, including: Intestate Share Elective Share It is critical for a West Virginia widow to educate themselves about what they are entitled to from …

• West Virginia Prevents Child From Inheriting From Deceased Parent Where Parental Rights Terminated

  West Virginia · 2020-02-04

  What happens in West Virginia to an inheritance from a parent to a child when the parent has had his parental rights terminated? The recent West Virginia Supreme Court case of Hall v. Hall , 241 W. Va. 12, 818 S.E.2d 838 (2018), holds that …

• West Virginia Supreme Court Of Appeals: Non-Attorney Executor Cannot Represent Estate In Court Proceedings

  West Virginia · 2020-05-27

  A non-attorney executor of a West Virginia estate cannot represent the estate in court proceedings. In A May 2020 opinion, Gomez v. Smith , the West Virginia Supreme Court of Appeals held that a non-attorney executor who purports to represe…

• Who Are Next Of Kin In West Virginia?

  West Virginia · 2020-10-26

  The term “next of kin” in West Virginia is used synonymously with the term “heirs,” which means “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a deceden…

• Agreement to Sell Sports Memorabilia Collection Held Not Enforceable Against Estate

  Wisconsin · 2020-02-27

  A February 2020 case from Wisconsin holds that an agreement to sell the Decedent's sports memorabilia collection was not enforceable against the Decedent's estate, because the contract was illusory. In Estate of Alfred John Capelli and Juli…

• How Do You Make a Valid Will In Wisconsin?

  Wisconsin · 2021-02-05

  To make a valid will under Wisconsin law, the will must be: In writing; Signed by the testator; Signed by two witnesses.   The requirements for a valid will in Wisconsin can be found at Wisconsin Statutes § 853.03 . Who Can Make a Vali…

• Surviving Spouse Rights Wisconsin

  Wisconsin · 2019-09-23

  Surviving spouse rights in Wisconsin include: Intestate share Marital Property Rights Family Allowance Special Allowance It is important to learn your widow's rights as the first step in the probate process. Surviving Spouse Rights in Wisco…

• Who Are Next Of Kin In Wisconsin?

  Wisconsin · 2020-08-13

  Next of kin in Wisconsin are generally the following people: Surviving spouse or domestic partner Children Parents Brothers and Sisters Grandparents In Wisconsin the term “next of kin” is frequently used as being synonymous with the terms “…

• Wisconsin Hospitalized And Quarantined Electors Can Use Agent To Help Vote

  Wisconsin · 2020-10-30

  Wisconsin’s surge in Covid-19 cases will result in thousands of electors hospitalized or quarantined on election day. In Wisconsin, those hospitalized or quarantined can utilize the Hospitalized Electors Process to vote using an agent. The …

• How Do You Make a Valid Will In Wyoming?

  Wyoming · 2021-09-23

  To make a valid will under Wyoming law, the will must be: In writing, or typewritten Witnessed by two competent witnesses Signed by the testator or by some person in his presence and by his express direction.   The requirements under W…

• Surviving Spouse Rights Wyoming

  Wyoming · 2019-09-23

  Surviving spouse rights under Wyoming law include: Intestate Rights Homestead Allowance Exempt Property Family Allowance Elective Share Surviving Spouse Rights in Wyoming When There Is No Valid Will - Intestacy When someone dies without a v…

• Who Are Next of Kin In Wyoming?

  Wyoming · 2020-12-02

  Next of kin in Wyoming for purposes of intestate succession basically means the same thing as “heir,” but also includes the surviving spouse. “Heir” means any person except the surviving spouse, who is entitled to property of a decedent und…

• Wyoming Supreme Court: Beneficiaries Cannot Intervene In Wrongful Death Action

  Wyoming · 2021-06-14

  In Archer v. Mills , the Wyoming Supreme Court addressed whether heirs of a decedent can intervene in a wrongful death action brought by the wrongful death representative. Based on the controlling statutes, the Wyoming Supreme Court answere…