The 13-year saga of the Britney Spears conservatorship case has recently drawn increased news and social media scrutiny, due to Britney’s legal efforts to end the conservatorship. Coverage of the probate litigation focuses attention on conservators…
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In probate and estate litigation, parties often wish to present evidence relating to communications with a decedent whose estate is the subject of the court action. Some states have laws known as dead man’s statutes that prohibit witnesses from tes…
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The American civil court system provides individuals, businesses, and other entities with an exceedingly effective way to end disputes. The orderly litigation process provides a framework with the power to resolve irreconcilable conflicts when the pa…
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If issues arise in a bankruptcy case that necessitate further inquiry, Bankruptcy Rule 2004 of the Federal Rules of Bankruptcy Procedure establishes a specific process for obtaining evidence. The process is referred to as a Rule 2004 examination, in…
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A Last Will and Testament, commonly referred to as a will, is a legal document in which a person makes important decisions about what happens when they pass away. A will typically distributes the property of the estate, designates a person to adminis…
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The automatic stay provisions in the federal Bankruptcy Code provide immediate protection from creditors when a debtor files a petition for bankruptcy under Chapter 7 or Chapter 13. However, the law includes exceptions to the stay, and a creditor can…
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When an adversary proceeding or contested matter occurs in a bankruptcy case, lawyers for the parties sometimes can negotiate a settlement to avoid having the bankruptcy court decide the dispute. If the parties cannot agree, mediation may be an optio…
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If a negotiated settlement agreement occurs in bankruptcy litigation, the Rules of Bankruptcy Procedure require the trustee to notify creditors and others of the proposed settlement. The bankruptcy court then holds a hearing and approves or denies th…
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In common usage, decanting refers to pouring the contents of one container into another vessel. In the Minnesota Trust Code revisions that took effect 2016, trust decanting has an analogous meaning. It refers to moving assets from one irrevocable tru…
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The United States Bankruptcy Code provides creditors’ rights in a bankruptcy case. Enforcing those rights requires moving expeditiously when a creditor becomes aware of the debtor’s bankruptcy petition. In some circumstances, a creditor may need…
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