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https://probatestars.com/do-you-have-to-name-the-personal-representative-as-the-plaintiff-or-defendant-in-a-non-probate-case-or-can-you-just-name-the-estate/
Syfrett-Moore, (1st DCA 2013), the “Estate” of the deceased filed a complaint in the civil division of the circuit court, seeking a declaration that the Estate, as opposed to a previous record owner, was the owner of real property. The claim was made that a prior transfer of the real estate was invalid without any explanation as to why.
https://www.themckenziefirm.com/avoid-a-disastrous-will-or-trust-contest/
Therefore, it is important for you to work with an attorney who is familiar with the estate planning laws of your state. Ensuring that an estate plan is protected against these legal grounds is particularly important if you wish to disinherit or favor one part of your family. How Can You Avoid a Will or Trust Contest?
https://law.justia.com/cases/colorado/court-of-appeals/2000/99ca0919-0.html
Mar 30, 2000 · Justia › US Law › Case Law › Colorado Case Law › Colorado Court of Appeals Decisions › 2000 › Burcham v. Burcham Burcham Receive free daily summaries of new opinions from the Colorado Supreme Court .
https://www.thebalance.com/what-is-probate-judge-3505240
A probate judge is a civil court judge and a state judicial official who is in charge of overseeing all aspects of the probate court system. This can include not only the estates of deceased persons but competency issues and adoptions in some jurisdictions as well.
https://www.dailymail.co.uk/news/article-7990411/Disinherited-daughter-faces-losing-260-000-home-court-defeat-fathers-will.html
Feb 11, 2020 · A 'disinherited' daughter whose father left nearly £300,000 to the RNLI in his will - while she got just £5,000 - faces losing her home after being beaten by the charity in a court battle. Sonya ...Author: Henry Martin For Mailonline
https://www.divorcesource.com/ds/divorceprocess/abandonment-and-desertion-in-divorce-309.shtml
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https://legal-dictionary.thefreedictionary.com/Rights+and+Liabilities+of+Heirs
Such persons are expressly declared by law to be forced heirs, and a decedent cannot deprive them of the portion of an estate reserved to them by law unless there is Just Cause to disinherit them. Anyone else who received the property can be legally obligated to return it or to make up the portion of which the forced heirs have been deprived ...
https://www.nolo.com/legal-encyclopedia/sample-will.html
Sample Will. Here is an example of a Nolo will, including explanations of many will clauses. This sample will uses fictional names and situations. Any similarity to real persons or events is coincidental. This will is provided purely as an illustration of what a will could look like. Your will document will look different because it will be ...
https://www.avvo.com/legal-answers/can-executor-use-estate-money-to-pay-for-lawyer-ag-2531180.html
Can executor use estate money to pay for lawyer against beneficiaries? Executor of parents estate is causing all sorts of problems for the beneficiaries, spending our estate money waste fully and...
https://legalbeagle.com/12724060-what-if-a-beneficiary-steals-from-the-estate.html
An estate is created when someone dies. By the terms of a will, estate assets pass to heirs and beneficiaries. If someone named as a beneficiary gets up to fraud, larceny or theft of estate assets, he's subject to criminal charges brought by other heirs or by a prosecutor.
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https://www.hackardlaw.com/blog/
We invest elder caregivers with a remarkable amount of power. With power comes responsibility. So, it’s troubling, even tragic, when this responsibility is abused. And, elder abuse, including elder financial abuse, is magnified when marriage is used for financial exploitation. I’ll share a couple stories – stories drawn from real cases – but changed in …
https://info.legalzoom.com/chances-contesting-winning-4085.html
The person who wishes to contest the will files a complaint to that effect with the probate court, and the estate's executor or personal representative must defend the validity of the will. ... Can I disinherit my spouse and children? ABA Family Legal Guide FAQ: In my will, can I leave my property to anyone I choose? ... Children and Contesting ...
https://www.law.cornell.edu/rules/frcp/rule_57
Written instruments, including ordinances and statutes, may be construed before or after breach at the petition of a properly interested party, process being served on the private parties or public officials interested. In other respects the Uniform Declaratory Judgment Act affords a guide to the scope and function of the Federal act.
https://www.thebalance.com/tips-for-avoiding-a-will-contest-3505204
Nov 20, 2019 · A revocable living trust is an excellent vehicle for heading off a will contest since this type of trust is viewed as a personal document that should be kept private. Conversely, a will is a public document that anyone can read once it's filed with the probate court after your death.
https://info.legalzoom.com/happens-spouse-dies-before-divorce-papers-signed-21455.html
What Happens if a Spouse Dies Before the Divorce Papers Are Signed? By Beverly Bird. Contrary to what many people believe, your spouse doesn’t have to sign your divorce papers for the court to grant your divorce. All states recognize no-fault grounds, which means you don’t need your spouse’s agreement or signature. A judge signs your ...
https://caselaw.findlaw.com/co-court-of-appeals/1009607.html
Mar 30, 2000 · Plaintiff first contends that the trial court erred in dismissing the declaratory judgment action. He argues that the complaint does indeed state a claim for relief. We disagree. In reviewing the dismissal of a complaint for failure to state a claim for relief, the material allegations of the complaint must be taken as correct. Cook v.
https://www.courtlistener.com/opinion/1353962/in-re-estate-of-sullivan/
The Colorado decree of adoption in this instance, dated September 11, 1918, ordered the adoption after reciting that "the Court being fully satisfied from the testimony submitted herein of the ability of the petitioners *815 to properly rear, educate and maintain said child and their promise not to disinherit said child; which promise is one of ...
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