Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court....
Submission of Rights to the CourtAfter submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either:Request on...
Order for Return of Certificate (Probate already obtained)When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will...
When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for...
The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate...
Income Taxes at DeathClaims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage...
Court OrdersThe court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order:Money to be paid;Security to be given;Payment...
Restrictions on Distribution of EstateAfter the death of a spouse, no distributions can be made out of the estate during the six month period immediately following...
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed.Effect on IntestacyIn...
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits...