Legal Guides
Multistate probate and estate guides. Open an article to read alongside CaseDiver search, scoped to that jurisdiction.
Alabama (11)
- Alabama Classifies Embryos as Children for Wrongful Death Act Purposes
- Alabama Probate Court Has No Jurisdiction To Alter Circuit Court Judgment
- Alabama Supreme Court: Administrator Allowed To Sell Estate Real Property
- Alabama Supreme Court: Alabama Circuit Court Lacks Subject Matter Jurisdiction Over Claims Against Georgia Executor
- Alabama Supreme Court: Failure to Record Marriage Document Before Death Does Not Invalidate Marriage
- Alabama Supreme Court: How To Prove Proper Execution Of a Will
- Alabama Supreme Court Rejects Probate of Lost Will
- Surviving Spouse Rights Alabama
- The Alabama Supreme Court On Proving The Existence and Terms Of an Oral Trust
- Who Are Next Of Kin In Alabama?
- Who Can Make a Will In Alabama?
Alaska (4)
Arizona (8)
- How Do You Make a Valid Will In Arizona?
- How Do You Revoke a Will In Arizona?
- In Terrorem Clause Upheld in Arizona
- Surviving Spouse Rights Arizona
- Trust Decanting in Arizona
- Who Are Next Of Kin In Arizona?
- Who Can Serve As Personal Representative Of an Arizona Estate?
- Who Decides Whether to Cremate Someone Under Arizona Law?
Arkansas (4)
Colorado (6)
- Colorado Probate Code Updated Cost Of Living Adjustments 2021
- Colorado Supreme Court: Personal Representative Does Not Have An Absolute Right To Decedent’s Legal Files
- Federal Interpleader Case Involving Slayer Statute Dismissed in Colorado
- How Do You Make a Valid Will In Colorado?
- Surviving Spouse Rights Colorado
- Who Are Next Of Kin In Colorado?
Connecticut (7)
- A Per Stirpes Primer From The Connecticut Supreme Court
- Connecticut Supreme Court Strikes In Terrorem Clause Governing Estate Administration
- How Do You Make a Valid Will In Connecticut?
- Surviving Spouse Rights Connecticut
- Trustee of Inter Vivos Revocable Trust Has Duty to Collect Trust Assets
- Who Are Next Of Kin In Connecticut?
- Who Can Serve As the Fiduciary Of a Connecticut Estate?
Delaware (3)
Georgia (22)
- Can a Beneficiary Witness a Will In Georgia?
- Can You Admit a Copy Of a Will To Probate In Georgia?
- Dealing With Probate Creditor Claims In Georgia
- Does Divorce Invalidate a Will In Georgia?
- Georgia Probate Shortcuts For Small Or Simple Estates
- Georgia Supreme Court: Guardian Has Authority To Enter Into Pre-Dispute Arbitration Agreement On Ward’s Behalf
- Georgia Supreme Court: In Terrorem Clause Does Not Result In Forfeiture In Successful Will Or Trust Contest
- How Do You Make a Valid Will In Georgia?
- How Do You Revoke a Will In Georgia?
- How Much Does a Personal Representative Get Paid In Georgia?
- How to Contest a Will in Georgia
- Is a Probate Advance Legal in Georgia?
- Key 2021 Updates To the Georgia Probate Code
- No Contest Clauses In Georgia Wills and Trusts
- Surviving Spouse Rights Georgia
- Undue Influence In Georgia Will Contests
- Virtual Adoption Not Undone By Developing Relationship With Natural Father
- What Does It Mean To Have Testamentary Capacity In Georgia?
- What Is a Petition For Year’s Support In Georgia Probate?
- Who Are Next Of Kin In Georgia?
- Who Can Authorize an Autopsy in Georgia
- Who Can Serve As a Personal Representative In Georgia?
Hawaii (4)
Idaho (5)
Illinois (24)
- Are No Contest Clauses Enforceable In Illinois?
- Can A Beneficiary Witness A Will In Illinois?
- Can One of Many Trustees Sue on Behalf of a Trust?
- Can You Admit a Lost Will To Probate In Illinois?
- Can You File Tortious Interference With Expectancy After Dismissing Direct Challenge to Trust In Illinois?
- Deadlines And Timelines In Illinois Probate
- Fraud And Forgery As Grounds To Invalidate Will In Illinois
- How Do You Make a Valid Will In Illinois?
- How Do You Revoke a Will In Illinois?
- How Long Does Probate Take In Illinois?
- How To Contest a Will in Illinois
- Illinois Supreme Court: Marriage to Ward Void Without Guardian Consent and Best Interest Determination
- Small Estate Affidavits In Illinois
- Spouse and Child Award In Illinois Probate
- Surviving Spouse Rights Illinois
- Testamentary Capacity In Illinois Will Contests
- Tortious Interference With an Expectancy Of Inheritance In Illinois
- What Is The Difference Between Independent and Supervised Administration In Illinois?
- What Is The Effect of Divorce On Your Illinois Estate Plan?
- What Order Are Probate Claims Paid In Illinois?
- Who Are Next of Kin In Illinois?
- Who Can Authorize an Autopsy Under Illinois Law?
- Who Can Serve As Executor Or Administrator In Illinois Probate?
- Who Has Standing To Bring a Will Contest In Illinois?
Indiana (5)
Iowa (8)
- How Do You Make a Valid Will In Iowa?
- Iowa Court Recognizes Illegitimate Child As Legal Heir In Probate
- Iowa Supreme Court: Surviving Settlor Cannot Modify Irrevocable Trust Without Court Approval
- Iowa Supreme Court: Tortious Interference With An Inheritance Action Barred Unless Joined With A Timely Will Contest
- Iowa Supreme Court: Tortious Interference With an Inheritance Requires Defendant To Have Knowledge of Plaintiff’s Expectancy Of an Inheritance
- Iowa Supreme Court: You Can’t Adjudicate Validity Of a Will Before a Testator’s Death
- Surviving Spouse Rights Iowa
- Who Are Next Of Kin In Iowa?
Kansas (4)
Kentucky (8)
- A Legal Guide to Challenging a Trust in Kentucky
- Enormous Judgment Entered in Kentucky Estate Dispute
- How Do You Make a Valid Will In Kentucky?
- Jurisdiction Over A Trust Dispute – The Kentucky Supreme Court Decides
- Kentucky Supreme Court: Bank Committed Breach By Failing To Follow Trust Code and Demanding Indemnification By Beneficiary
- Kentucky Supreme Court Determines Surviving Spouse Fraudulently Deprived Of Dower Right
- Surviving Spouse Rights Kentucky
- Who Are Next Of Kin In Kentucky?
Louisiana (6)
- How Do You Make a Valid Will and Testament In Louisiana?
- Louisiana Supreme Court: An Initial Child Support Claim Cannot Be Brought After Father’s Death
- Louisiana Supreme Court Reverses Itself And Abandons Overly Strict Construction Of Standards For Creating Valid Notarial Will
- Surviving Spouse Rights Louisiana
- Two Louisiana Supreme Court Cases Examine When Attestation Clauses In A Notarial Will Substantially Comply With The Law, and When They Don’t
- Who Are Next Of Kin In Louisiana?
Maine (6)
Maryland (6)
Massachusetts (10)
- A Dog Named Licorice
- Both Personal Representatives Required to Sue on Behalf of Estate in Massachusetts
- How Do You Make a Valid Will In Massachusetts?
- Is an Irrevocable Spendthrift Trust Subject to Division in Divorce?
- 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 Supreme Judicial Court: Personal Representative’s Power To Pay Claims Extinguished After Three Years
- Surviving Spouse Rights Massachusetts
- What Does the Term Issue Mean in Probate
- Who Are Next of Kin In Massachusetts?
- Who Can Be Personal Representative In Massachusetts?
Michigan (6)
Minnesota (4)
Mississippi (6)
- Can the Settlor Amend an Irrevocable Trust 25 Years Later?
- How Do You Make a Valid Will In Mississippi?
- Mississippi Supreme Court: How Do You Prove Due Execution Of a Will When the Witnesses Are Dead?
- Mississippi Supreme Court: No Liability For Bank That Reasonably Relied On Apparent Authority Of Attorney Over Conservatorship
- Surviving Spouse Rights Mississippi
- Who Are Next Of Kin In Mississippi?
Missouri (6)
- How Do You Make a Valid Will In Missouri?
- Is it Worth it to Claim Unclaimed Property?
- Missouri Supreme Court: No Excusable Neglect For Surviving Spouse Who Disregarded Probate Court’s Orders To Obtain Appointment As Personal Representative
- Surviving Spouse Rights Missouri
- Who Are Next Of Kin In Missouri?
- Who Can Serve as Personal Representative Of a Missouri Estate?
Montana (5)
Nebraska (9)
- Can an Irrevocable Trust Be Modified to Increase Minuscule Income Distributions?
- How Do You Make a Valid Will In Nebraska?
- Nebraska Supreme Court: $875,000 Charitable Bequest To Nursing Home Did Not Lapse For Failure Of Gift
- Nebraska Supreme Court Construes Will: Intent To Disinherit Heir Must Be Express Or Necessarily Implied In Will
- Nebraska Supreme Court: Decedent’s Real Property Remained In Estate And Was Not Validly Purchased Under Option Contract
- Nebraska Supreme Court: Estate, Not County, Responsible For Payment Of Personal Representative Fees
- Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated Material Purpose Of Trust By Ignoring Spendthrift Provision
- Surviving Spouse Rights Nebraska
- Who Are Next Of Kin In Nebraska?
Nevada (9)
- Effect Of Divorce On Nonprobate Transfers of Property In Nevada
- Former Zappos CEO Tony Hsieh Dies Intestate With Reported Net Worth Of $840 Million
- How Do You Make a Valid Will In Nevada?
- Nevada Supreme Court: Creditor Of Settlor May Bring Claim Against Settlor’s Trust
- Nevada Supreme Court: Include All Trust Documents To Trigger 120-Day Trust Challenge Deadline
- Nevada Supreme Court: No Fiduciary Exception To The Attorney-Client Privilege
- Surviving Spouse Rights Nevada
- What Are The Different Types Of Probate Proceedings In Nevada?
- Who Are Next Of Kin In Nevada?
New Hampshire (6)
- Can A Guardian Terminate Life Support Without Court Approval?
- Can Probate Property Be Partitioned After Probate is Closed?
- How Do You Make a Valid Will In New Hampshire?
- New Hampshire Supreme Court Reverses Probate Court Finding That Son Was Not Pretermitted Heir
- Surviving Spouse Rights New Hampshire
- Who Are Next Of Kin In New Hampshire?
New Jersey (26)
- Can a Beneficiary Witness a Will In New Jersey?
- Can a Will Written in Blood Be Admitted to Probate?
- Can You Probate a Lost Will In New Jersey?
- Deadlines and Timelines In New Jersey Probate
- File a New Jersey Caveat With Caution
- Forum Non Conveniens in Federal Probate Litigation
- Guide To Creditor Claims In New Jersey Estates
- How Does Divorce Impact a New Jersey Estate Plan?
- How Do You Make a Valid Will In New Jersey?
- How Do You Probate a Will In New Jersey?
- How Do You Revoke a Will In New Jersey?
- How Long Does Probate Take In New Jersey?
- How Much Commission Does a New Jersey Estate Executor Get Paid?
- How to Challenge a Will in New Jersey
- How To Remove an Executor Or Administrator In New Jersey Estates
- Inventory And Appraisal In New Jersey Probate
- Must an Estate Have a Lawyer in Federal Court?
- Surviving Spouse Rights New Jersey
- Undue Influence In New Jersey Will Contests
- What Are the Different Types Of Estate Proceedings in New Jersey?
- What Does It Mean To Have Testamentary Capacity In New Jersey?
- What Happens In New Jersey When a Child Is Born Or Adopted After The Execution Of a Will?
- What Is A Confidential Relationship In New Jersey Undue Influence Cases?
- What Is Ancillary Probate In New Jersey?
- Who Are Next Of Kin In New Jersey?
- Who Has Priority To Be Appointed as Administrator of a New Jersey Estate?
New Mexico (3)
New York (86)
- 5 Takeaways From New York’s Power of Attorney Law Effective June 2021
- Access to Decedent’s Digital Assets In New York
- Ancillary Probate in New York
- Are Handwritten Wills Legal In New York?
- Assets Acquired By Estate After a Decedent’s Death Must Pass Under New York’s Intestacy Laws
- Broad Discovery Triggers In Terrorem Clause In New York Trust Proceeding
- Can A Beneficiary Witness A Will In New York?
- Can A New York Executor Waive A Decedent's Attorney-Client Privilege?
- Can a RICO Claim be Brought Against an Executor of an Estate?
- Can I Leave Assets To My Pet In New York?
- Can the Deadline To File For Elective Share In New York Be Extended?
- Can You Compel Production of A Will In New York?
- Can You Revoke A Renunciation Of An Intestate Share Of A New York Estate?
- Can You Serve a Lawsuit By Facebook?
- Children Born After The Execution Of A Will In New York
- Common Terms in New York Probate
- Conflicting Evidence Of Due Execution and Undue Influence In New York Will Contest
- Cooperative Apartments In New York Probate
- Coronavirus and Remote Notarization in New York
- Deadlines And Timelines In New York Probate
- Deadline To File Surviving Spouse Election Tolled Under New York Covid-19 Executive Order
- Divorce And The New York Estate Plan
- Does A New York Fiduciary Need A Lawyer?
- Drafting Attorney's Computer Inspected for Evidence in Will Contest
- Estate Dispute Over Calder Sculpture
- Financial Dishonesty As Grounds to Disqualify A New York Fiduciary
- First Will Admitted To Probate Under New York Remote Witness and Notarization Law
- Forced Heirship in New York
- Foreign Wills In New York Probate
- How Does a Will Proponent Make a Prima Facie Case For Probate In New York?
- How Do You Revoke A Will In New York?
- How Long Does Probate Take In New York?
- How Much Does An Executor Get Paid In New York?
- How to Construe an Ambiguous Will in New York
- How to Contest a Will in New York
- How to Defeat a Will Contest In New York With Summary Judgment
- How To Make A Creditor Claim Against The Estate Of A Decedent In New York
- How To Probate A New York City Taxi And Limousine Commission Medallion
- How To Substitute a Party After Death In New York
- Inheritance Rights of Adopted Children in New York
- Is a Probate Advance Legal in New York?
- Jurisdiction of the New York Surrogate's Court
- Lease Does Not Sever Joint Tenancy With Right Of Survivorship Under New York Law
- Ministerial Act Exception Used To Deny Surviving Spouse Status In New York County Surrogate’s Court
- New York 2020 Case Roundup
- New York Court Conducts In Depth Analysis Of Lack of Testamentary Capacity Will Contest
- New York Court Declares Marriage To Incapacitated Spouse Void Ab Initio
- New York Court: No Confidential Relationship Leads To Reversal of Undue Influence Finding
- New York Court: No Prima Facie Entitlement to Admit Copy of Lost Will To Probate
- New York Court Reverses Order Removing Guardian For Failure To Hold Evidentiary Hearing
- New York Enacts Version of Uniform Partition of Heirs Property Act
- New York Exemptions For The Benefit Of A Decedent's Family
- New York Inheritance Laws With No Will
- New York Probate Quick Guides
- New York’s Uniform Partition Of Heirs Property Act Does Not Apply Retroactively
- New York Surrogate’s Court Addresses Adequacy Of Witness Affidavit With Remote Execution of Wills
- New York Surrogate’s Court Awards Attorney’s Fees To Trustee and Surcharges Trustee In Same Action
- New York Surrogate’s Court Reviews Will Contest Basics In Granting Summary Judgment Against Will Challenger
- Next of Kin Under New York Law
- No Contest Clauses in New York Wills
- Opening A Safe Deposit Box After Death In New York
- Priority of Payment of Claims In New York Probate
- Probate Litigation And The President: Mary Trump Sues President Donald Trump and Estate of Late Brother Over Alleged Fraud
- Ric Ocasek's Will: Abandonment As Bar To Elective Share
- Small Estates In New York
- Spousal Support Claim Survives Death of Spouse In New York
- Summary Judgment Denying Challenge to Probate of New York Will
- Summary Judgment Granted In New York Contested Probate
- Summary Judgment In New York Dispute Over Beneficiary Designation
- Surviving Spouse Rights New York
- Testamentary Substitutes Within New York's Elective Share Statute
- The 3/2 Discovery Rule In New York Will Contests
- Undue Influence in New York Probate
- Virtual Representation in New York Surrogate's Court
- What Are The Powers Of a Fiduciary In New York?
- What Are The Requirements For A Valid Will In New York?
- What Authority Does a New York Executor Have Before Letters Are Issued?
- What Is A Lost Will Under New York Law?
- When Can A New York Fiduciary Ask The Surrogate's Court For Help?
- When Does The New York Surrogate’s Court Have Personal Jurisdiction Over a Trustee?
- When Do Inherited Property Rights Vest In New York?
- When Is Someone Unfit To Serve As A Fiduciary In New York Probate?
- When Is There A Cause Of Action Under New York Law For Mishandling A Decedent’s Remains?
- Who Can Authorize An Autopsy Under New York Law
- Who Can Petition For Probate In New York?
- Who Can Serve As A Fiduciary In New York?
North Carolina (13)
- Deadlines And Timelines In North Carolina Probate
- How Do You Make a Valid Will In North Carolina?
- How Do You Prove Undue Influence In a North Carolina Will Contest?
- How Do You Revoke a Will In North Carolina?
- How to Challenge a Will in North Carolina
- Is a Probate Advance Legal in North Carolina?
- Living Probate In North Carolina
- Partitions and Proof of Marriage in North Carolina
- Surviving Spouse Rights North Carolina
- Testamentary Capacity In North Carolina
- Who Are Next Of Kin In North Carolina?
- Who Can File a Caveat In North Carolina?
- Who Can Serve as Personal Representative in North Carolina?
North Dakota (10)
- How Do You Make a Valid Will In North Dakota?
- North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court’s Subject Matter Jurisdiction
- North Dakota Supreme Court: Doctrine of Partial Invalidity Survived Adoption of Uniform Probate Code In North Dakota
- North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer
- North Dakota Supreme Court: Failure To Seek Stay of Partition Judgment Renders Appeal Moot
- North Dakota Supreme Court: Holographic Will Not Valid When Material Portions Not Proven To Be In Decedent’s Handwriting
- North Dakota Supreme Court: No Personal Representative Or Attorney Fees For Actions In Pursuit of Personal Interests
- Standing To Challenge Account Beneficiary Designations in North Dakota
- Surviving Spouse Rights North Dakota
- Who Are Next Of Kin In North Dakota?
Ohio (41)
- Advancement On an Inheritance In Ohio Probate
- Ancillary Probate In Ohio
- Are No-Contest Clauses Valid In Ohio Wills?
- August 2021 Changes To Ohio Probate, Guardianship, and Trust Law
- Creditor Claims In Ohio Probate
- Deadlines And Timelines In Ohio Probate
- Does Divorce Invalidate A Will In Ohio?
- Do You Need Personal Jurisdiction to Sue a Trustee in Ohio?
- Fiduciary Access To Digital Assets In Ohio
- Filing the Final Account In Ohio Probate
- How Do You Get Someone To Produce A Will Under Ohio Law?
- How Do You Make A Valid Will In Ohio?
- How Do You Revoke A Will Under Ohio Law?
- How Long Does Probate Take In Ohio?
- How to Contest a Will in Ohio
- How to Probate A Will In Ohio
- Intentional Interference With an Expectancy Of Inheritance In Ohio
- Inventory And Appraisal In Ohio Probate
- In What Order Are Debts Paid In Ohio Probate?
- Lost Wills In Ohio Probate
- Mansion House Rights In Ohio Probate
- Ohio Appellate Court: Deed Invalid When Decedent Did Not Authorize Another To Sign
- Ohio Changes To Rules Applicable To Guardianships Go Into Effect On July 1, 2022
- Ohio Executor Or Administrator Has Three Months From Appointment To Present Claim To Probate Court
- Ohio Power of Attorney Act Prohibits Self Dealing
- Ohio's Designated Heir Statute
- Ohio Supreme Court: Interest Under Will Eliminated If Beneficiary Witness Is Necessary To Establish Validity Of Will
- Ohio Transfer-on-Death Designation Affidavits: What Heirs Should Know
- Pet Trusts In Ohio
- Pretermitted Heirs In Ohio Probate
- Small Estates In Ohio
- Support Allowance In Ohio Probate
- Surviving Spouse Rights Ohio
- Testamentary Capacity In Ohio
- Trustee Not Liable for Cumulative Bad Acts Unless Willful or Bad Faith
- Undue Influence In Ohio
- What Are the Duties Of an Ohio Estate Executor or Administrator?
- What Are The Requirements To Be Executor Of An Estate In Ohio?
- Who Are Next of Kin In Ohio?
- Who Can Authorize An Autopsy Under Ohio Law?
- Who Has Priority Of Appointment As A Fiduciary In Ohio Probate?
Oklahoma (27)
- A Named Heir Is Not Pretermitted In Oklahoma Because Of A Failed Bequest
- Are No Contest Clauses In Wills Enforceable In Oklahoma?
- Can a Beneficiary Witness a Will In Oklahoma?
- Can a Small Estate Avoid Probate In Oklahoma?
- Creditors In Oklahoma Probate
- Does a Revocable Trust Become Irrevocable Under Oklahoma Law Once One Of the Settlors Passes Away?
- Does Divorce Revoke a Will In Oklahoma?
- How Do You Contest a Will In Oklahoma?
- How Do You Make a Valid Will In Oklahoma?
- How Do You Remove an Estate Executor In Oklahoma?
- How Do You Revoke a Will In Oklahoma?
- How Long Does Probate Take In Oklahoma?
- In What Order Are Debts Paid In Oklahoma Probate?
- Oklahoma Supreme Court: A Child Placed For Adoption Inherits From Biological Parent's Estate As A Pretermitted Heir
- Oklahoma Supreme Court: Children Not Mentioned In One-Sentence Holographic Will Are Pretermitted Heirs
- Oklahoma Supreme Court: Prioritized Order For Probate Venue Exists In Oklahoma
- Oklahoma Supreme Court: Revocation Upon Divorce Statute Only Applies Upon Final Judgment Of Divorce
- Oklahoma Supreme Court: Sufficient Evidence Of Survivorship In Simultaneous Death Case
- Oklahoma Supreme Court: Transfer Of Property By Trust Fiduciary Exempt From Residential Property Condition Disclosure Act
- Oklahoma Supreme Court Weighs In On Who Controls the Disposition Of a Decedent’s Remains
- Spousal and Family Allowance In Oklahoma Probate
- Surviving Spouse Rights Oklahoma
- Undue Influence In Oklahoma Will Contests
- What Does It Mean To Have Testamentary Capacity In Oklahoma?
- What Is a Spousal Elective Share In Oklahoma?
- Who Are Next Of Kin In Oklahoma?
- Who Can Serve As an Executor Or Administrator In Oklahoma Probate?
Oregon (4)
Pennsylvania (34)
- Ancillary Probate In Pennsylvania
- Are No-Contest Clauses Valid In Pennsylvania Wills?
- Creditor Claims In Pennsylvania Probate
- Deadlines And Timelines In Pennsylvania Probate
- Does Divorce Invalidate a Will In Pennsylvania?
- Expert Requirements In Pennsylvania Will Contests
- Federal Court Dismisses Trust Dispute With Pending State Court Trust Dispute
- How Do You Close an Estate In Pennsylvania?
- How Do You Make a Valid Will In Pennsylvania?
- How Do You Open an Estate In Pennsylvania?
- How Do You Revoke a Will In Pennsylvania?
- How Do You Settle a Small Estate In Pennsylvania?
- How Is Testamentary Capacity Determined In Pennsylvania?
- How Long Does Probate Take In Pennsylvania?
- How Much Is a Personal Representative Paid In Pennsylvania?
- How to Contest a Will in Pennsylvania
- In What Order Are Estate Expenses And Obligations Paid In Pennsylvania?
- Lost Wills in Pennsylvania Probate
- Pennsylvania Supreme Court: Parent With No Legal Duty To Support Deceased Child Does Not Forfeit Share of Intestate Estate
- Pennsylvania Supreme Court: Settlor Must Prove Elements Of Common Law Fraud to Void Irrevocable Trust Based On Fraudulent Inducement
- Pennsylvania Supreme Court: Surviving Spouse Must Revoke Elective Share Election Within Six-Month Statutory Period
- Pennsylvania Supreme Court: Trust Beneficiaries Can Examine Trustee’s Attorney’s Billing Records If Trust Is Paying Fees
- Pennsylvania Uniform Fiduciary Access To Digital Assets Act – January 2021
- Slayer Statute in Pennsylvania
- Surviving Spouse Rights Pennsylvania
- Surviving Spouse Right To an Elective Share In Pennsylvania Probate
- The Pennsylvania Estate Inventory
- Weakened Intellect In Pennsylvania Will Contests
- What Are the Different Types Of Estate Proceedings In Pennsylvania?
- What Are the Duties Of a Personal Representative In Pennsylvania?
- What Is the Family Exemption In Pennsylvania Probate?
- Who Are Next Of Kin In Pennsylvania?
- Who Gets Notice When an Estate Is Opened In Pennsylvania?
- Who Is Entitled To Serve As Executor In Pennsylvania Probate?
Rhode Island (5)
South Carolina (7)
- Estate Planning Malpractice: South Carolina Adopts Expanded Rule of Liability
- How Do You Make a Valid Will In South Carolina?
- Is Common-Law Marriage Recognized In South Carolina?
- South Carolina Supreme Court: Arbitration Agreement Signed By Power of Attorney Unenforceable
- South Carolina Supreme Court: No Surviving Spouse Status In Dispute Over "Godfather of Soul" James Brown’s Estate
- Surviving Spouse Rights South Carolina
- Who Are Next Of Kin In South Carolina?
South Dakota (9)
- How Do You Make a Valid Will In South Dakota?
- Power of Attorney Not Authorized for Self Dealing
- South Dakota Supreme Court Affirms Undue Influence Will Contest
- South Dakota Supreme Court: Can A Court Consider The Validity of A Trust In A Petition For Judicial Supervision?
- South Dakota Supreme Court Determines Surviving Spouse’s Creditor Claim Timely Presented
- South Dakota Supreme Court: Partition Upheld Where Deed Severs Joint Tenancy Of Husband And Wife
- South Dakota Supreme Court – Trust Beneficiaries Lack Standing To Bring Creditor Claim Against Estate
- Surviving Spouse Rights South Dakota
- Who Are Next Of Kin In South Dakota?
Tennessee (8)
- How Do You Make a Valid Will In Tennessee?
- How to Contest a Will in Tennessee
- Is a Probate Advance Legal in Tennessee?
- Surviving Spouse Rights Tennessee
- Testamentary Capacity Under Tennessee Law
- Undue Influence in Tennessee Will Contests
- Who Are Next Of Kin In Tennessee?
- Who Can Serve As Personal Representative Of a Tennessee Estate?
Texas (91)
- Advancements On Inheritance In Texas
- A Legally Permissible Transaction May Still Be A Breach Of Fiduciary Duty In Texas
- Ancillary Probate in Texas
- Are Bank Accounts Personal Property In Texas?
- Attorney Fees in Texas Probate
- Bill of Review Directed To Texas Probate Heirship Order Must Be Timely Filed By Party With Standing
- Brother Had Standing Under Texas Slayer Statute To Seek Declaration Regarding Rights To Insurance Proceeds
- Can A Beneficiary Witness A Will In Texas?
- Can A Deed Be Invalid Because of Undue Influence In Texas?
- Can A Minor Inherit From an Estate in Texas?
- Can An Executor Sell Specifically Devised Personal Property In Texas?
- Can A Texas Creditor Claim Barred In Guardianship Spring Back To Life In Probate?
- Can I Leave Assets To My Pet In Texas?
- Can You Appeal A Texas Probate Court Ruling?
- Can You Contest a Will In Texas On the Grounds Of Insane Delusion?
- Can You Probate A Lost Will In Texas?
- Children Successfully Void Father’s Marriage in Texas
- Creditor Claims In Texas Probate
- Deadlines and Timelines in Texas Probate
- Does a Guardianship in Texas End When the Ward Dies?
- Does A Texas Estate Need To Be Represented By A Licensed Attorney?
- Does a Texas Trustee Need To Be Represented By a Licensed Attorney?
- Does Divorce Invalidate A Will In Texas?
- Equitable Adoption in Texas
- Equitable Adoption In Texas Probate
- Failed Will Can Qualify As A Community Property Survivorship Agreement In Texas
- Family Allowance In Texas Probate
- Family Settlement Agreements In Texas Probate
- Fees and Expenses For Defending A Texas Will
- Forfeiture Clauses In Texas Will and Trust Contests
- Heirship Proceedings in Texas Probate
- How Do You Demand An Accounting In A Texas Independent Administration?
- How Do You Revoke A Will In Texas?
- How to Contest A Will in Texas
- How To Get Decedent’s Medical Records In A Texas Will Contest
- How To Prove Lack of Testamentary Capacity in Texas
- How To Remove an Estate Executor In Texas
- Inheritance Rights of Adopted Children in Texas
- Inheritance Rights Of A Pretermitted Child Under Texas Law
- In Terrorem Clause Not Triggered In Texas For Seeking Reimbursement For Funeral Expenses
- Inventory And Appraisement In Texas Probate
- Is a Probate Advance Legal in Texas?
- Jury Trials In Texas Trust Actions
- Make Sure You Have Personal Jurisdiction In Texas Guardianship Proceedings
- No Evidence Of Undue Influence = Summary Judgment in Texas
- Parties Bound By Agreement In Texas Trust Dispute
- Partition Actions in Texas for Inherited Property
- Powers of Appointment Under Texas Law
- Proposed Texas Bill Relating To Beneficiary’s Approval Of Trustee’s Accounting 2021
- Removal Of A Trustee In Texas
- Service Provisions Of Texas Estates Code Do Not Only Apply In Estate Proceedings
- Small Estate Affidavits Texas
- “Spouse” In Texas Irrevocable Trust Means Spouse At Time Trust Created
- Standing In Texas Guardianship Turns On Discrete Issues In Particular Phase Of Proceeding
- Statute of Limitations in Texas Probate
- Successful Undue Influence Triple Will Contest In Texas
- Surviving Spouse Rights Texas
- Suspicion of Undue Influence Not Enough In Texas Will Contest
- Texas 2020 Case Roundup
- Texas Appeals Court Addresses Ripeness For Determination of Trust Beneficiaries Of Class Gift
- Texas Appeals Court Affirms Reformation of Unambiguous Texas Will Based On Cut-And-Paste Mistake
- Texas Appellate Court Addresses Partition and Turnover of Community Property Held By Surviving Spouse
- Texas Appellate Court Reviews Undue Influence and Testamentary Capacity Will Contest Basics
- Texas Community Property Transfers and Creditor Rights
- Texas Court Annuls Marriage of Ward Under Guardianship
- Texas Court Reverses Removal Of Independent Executor Accused Of Gross Misconduct With Multiple Party Account
- Texas Court Upholds Jury Finding Of Invalid Will and Civil Theft Committed By Neighbor
- Texas Executor Breaches Fiduciary Duties In Making a Non-Pro Rata Distribution Of Assets and Failing To Disclose Material Facts
- Texas Legislative Update: Rule Against Perpetuities Extended To 300 Years For Trusts September 1, 2021
- Texas Quick Guides
- Texas Statutory Probate Court Required To Appoint Court Reporter In Contested Probate Matters
- Texas Supreme Court: Acceptance of Benefits Under Will Bars Will Contest
- Texas Supreme Court: No Right To a Jury Trial In Trust Modification Actions
- Texas Supreme Court: Technical Defect In Service On Ward Does Not Deprive Probate Court Of Personal Jurisdiction In Guardianship Action
- Texas Trust Action Addresses Standing, In Terrorem Clauses, And Basic Trust Interpretation
- Texas Trust Protector Has No Fiduciary Duty to Settlor
- The Existence Of a Will Does Not Defeat a Texas Heirship Proceeding
- Use Of the Texas Citizens Participation Act In Will and Trust Disputes
- Venue of Texas Probate Proceedings
- What Are The Requirements For A Valid Will In Texas?
- What Does "In Equal Shares Per Stirpes" Mean?
- What Happens To Homestead Property In Texas When A Parent Dies Leaving A Minor Child?
- What is Probate In Texas
- What Is The Privity Rule In Texas Estate Planning Malpractice Claims?
- When Can a Will Be Modified Or Reformed Under Texas Law?
- When Is Someone “Unsuitable” To Serve As Independent Executor Of a Texas Estate?
- Who Are Next Of Kin In Texas?
- Who Can Authorize An Autopsy Under Texas Law?
- Who Can Serve As A Personal Representative In Texas?
- Who Has Standing To Bring Legal Malpractice Claim Against Attorney For Prior Trustee and Estate Personal Representative Under Texas Law?
- Will Construction Under Texas law
Utah (5)
Vermont (7)
- Are Assets in a Revocable Trust Included In a Beneficiary's Marital Estate?
- How Do You Make a Valid Will In Vermont?
- Surviving Spouse Rights Vermont
- Vermont Supreme Court: Contract For Mutual Wills Does Not Impact Allowance of Subsequent Will
- Vermont Supreme Court Determines Ownership Of 1979 Cadillac Eldorado In Probate Dispute
- Vermont Supreme Court Invalidates Will for Undue Influence
- Who Are Next of Kin in Vermont
Virginia (10)
- How Do You Make a Valid Will In Virginia?
- How To Contest a Will in Virginia
- Surviving Spouse Rights Virginia
- Virginia Supreme Court Affirms Decision Relying On Parol Evidence To Interpret Will
- Virginia Supreme Court: Attorney’s Fees Can Be Awarded In Fraud Suit Without Finding That Fraud Was “Particularly Egregious”
- Virginia Supreme Court: The Term “Fair Market Value” In Codicil Provides No Certainty As To Price
- Virginia Supreme Court: Unrepresented Parties Who Benefit From Partition Not Responsible For Plaintiff’s Attorneys Fees
- Who Are Next Of Kin In Virginia?
- Who Can Create a Revocable Trust In Virginia?
- Who Can Serve As Personal Representative In Virginia?
Washington (8)
- Court Holds Beneficiary Designation Form Not an ERISA “Plan Document”
- How Do You Make a Valid Will In Washington?
- How to Revoke a Will in Washington State
- Surviving Spouse Rights Washington
- The Supreme Court of Washington: Surviving Spouse Gave Up Right to Intestate Succession in Separation Contract
- Trust and Estate Dispute Resolution Agreements in Washington State
- Who Are Next Of Kin In Washington?
- Who Can Serve As Personal Representative Washington State?
West Virginia (7)
- How Do You Make a Valid Will In West Virginia?
- Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?
- Small Estates In West Virginia: July 2021 Update
- Surviving Spouse Rights West Virginia
- West Virginia Prevents Child From Inheriting From Deceased Parent Where Parental Rights Terminated
- West Virginia Supreme Court Of Appeals: Non-Attorney Executor Cannot Represent Estate In Court Proceedings
- Who Are Next Of Kin In West Virginia?